2383 Mayport Rd 1993 code enforcement case CITY OF
800 SEMIN'OLE ROAD
ATLAN'CIC BEACH,FLOWDA.32'31..544
_ -- -._- TELEPHONE(904)147-5500
� gAV (40=11 247-5805
March 9 , 1993
PanAm Mini Storage, Inc .
2383 Maypo.rt RoaO
Jacksonville, FL 32233
Dear Sir :
. Our records indicate that you are the owner of the following
property in the City of Atlantic Beach, Fl-,rida:
v ,
Part Government Lot 7 a/k/
RE169398-0450-2
r
•
Investigation of this property discloses that I have found
and determined you are in violation of City of Atlantic Beach
Ordinance Sections 12-1-7 , 21-24-1-(a) and 21-24-1-(b) (Rbandoned
Vehicles) as well as Section 24-111 Commercial General (CG) Zoning
no outdoor storage permitted.
Please be advised that open storage is permitted in Industrial
Light Warehousing ( ILW) Districts . You may store in CG Districts
provide all boats , vehicles , trailers , motor homes are within a
closed-in structure or a covered carport-type structure .
It is our understanding that some vehicles , boats , trailers ,
motor homes belong to military personnel presently at sea . Please
furnish this office with a comprehensive list of all those who fall
into this category including estimated dates of .return. Extensions
of time will be provided for these documented cases . All others
are required to be removed within the time specified.
You are hereby notified that unless the condition above
described is remedied within thirty (30 ) days from the date hereof ,
this case will be turned over to the Code Enforcement Board.
Under Florida Statute 162 . 09 , the Code Enforcement Board may
impose fines of up to $250 . 00 per day for a first violation and
$500 . 00 per day for a repeat violation.
uxere,ly ,�,
?+a,rl W . crrunewald '
Code Enforcement. officer
KWG/pah
Enclosures
cc : City Manager
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�h'.7 Boit
Chapter 12
NUISANCES*
See. 12-1. Enumeration.
(a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow,
suffer or permit any act, occurrence or condition within the city which constitutes a danger-
ous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and
well-being of the community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely indica-
tions of the nature and type of acts, occurrences and conditions, and shall not be deemed to be
exclusive:
(1) For any person to cause or allow any animal carcus or any filth or substance to be
collected, deposited, or to remain in any place to the detriment,of public health;
(2) For any person to throw, deposit or discharge into or suffer to he collected, deposited
or remain in any street, alley or other public place, or in any house, building,
premises, sewer, or gutter, any filth, garbage, noxious substance, or any waste paper,
rags, or any rubbish of any kind;
(3) For any person to allow, suffer or permit any lot or premises, common or place of any
kind whatsoever to become neglected so as to become a detriment to public health by
weeds growing thereon, or by depositing of rubbish of any kind which may be
injurious to the health and well-being of the community;
(4) To allow, suffer or permit any stagnant water to accumulate or stand upon the
surface of the ground or upon or within any receptacle or structure deposited or
erected, either above or below the ground, without exercising necessary precautions s
to prevent the propogation of mosquitoes therein;
(5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens,
rabbits and guinea pigs in any manner which may be injurious to the health and
well-being of any person due to noxious odors, noise, etc.
(6) Any attraction which may prove detrimental to any human being, whether in a
building, on the premises of a building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, excavations, abandoned refrit*erator and motor
vehicles, or any structurally unsound fences or structures, or any lumber, debris or
vegetation, which may prove a hazard for inquisitive minors.
(7) For any person, either as the owner or occupant of a building, structure, or property
to utilize the premises of the property for the open storage of anY abandoned motor
*Cross references—Nuisance control board, § 2-161 et seq.; nuisance animals, § 4-6;
noise, Ch. 11; abandoned, wrecked,junked, inoperable, etc., vehicles, § 21-24.
State law references---Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch, 823,
Supp. No. to
735
12.1 ATLANTIC BEACH CODE
vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or
similar items.
(8) To allow, suffer or permit any building or structure which, by act of God, fire, decay
or other cause which may become structurally dangerous, unsafe, dilapidated, cinscrn-
itary, or vermin infested to create a hazard to the health or safety of the. occrrpants or
the public.
(9) For any person owning shopping carts to allow such carts to be removed fronr the
owner's premises unless such person has a written policy in place for the effective
retrieval of such carts. The written policy must include provisions for retrieval of
shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or
other areas within the city, and for retrieval of shopping carts when broufrlrt to the
attention of the owner by way of complaints from the public or the city.
(c) For any person to discharge water from a water-source heat pump onto a public:street
or storm drainage system unless such discharge is approved by the city.
(Ord. No. 55-82-20,1 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8.90)
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is made to appear to the city manager after investigation that any acts,
occurrences or conditions prohibited by section 12-1 have happened or exist within the city,
the city manager may, by order in writing, direct any nuisance affecting the sanitary condiwr
-
tion of the city or the public health of the city to be abated.The order shall be served upon the
owner or occupant or person having the care or custody of the particular property involved, if
he is found upon the premises or within the city, or shall be delivered by rnail, return receipt
requested. In any case where the owner, occupant or custodian cannot be found within the ,
city,after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, the
order shall be posted in a conspicuous place upon the premises. The order shall be worded in
the manner similar to the following:
"Our records indicate that you are the owner(s) and/or occupant(s) of the following
property in the City of Atlantic Beach, Florida: (Description of property). Investigation of
this property discloses and I have found and determined that a public nuisance exists
thereon so as to constitute a violation of Section 12-1 of the Code of the City of Atlantic
Beach, and that (description of the conditions which place the property in violation).
r
"You are hereby notified that unless the condition above described is remedied within
fifteen (15) days from the date hereof, the city will remedy this condition at a cost of the
work plus a charge equal to 100% of the cost of the work to cover City administrative
expenses, which will be assessed the property owner or occupant. If riot paid within thirty
(30)days after receipt of billing, the invoice amount plus advertising costs, will be posted
as a lien on the property.
Supp.No. to
736
§ 21-21 ATLANTIC BEACH CODE
Sec. 21.21. Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal
purpose of:
(1) Displaying it for sale; or
(2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emer-
gency.
(Ord. No. 75-82-3, § 6, 4-12-82)
Sec. 21.22. Commercial, recreational, eta,vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of eighteen thou-
sand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any
component part thereof upon any private property in a residential zone except for the purpose
of loading and unloading. Component part shall include the tractor unit or trailer unit of any
tractor-trailer typq truck.
(b) No person shall stop,stand,or park a recreational vehicle, camper,bus, flatbed truck,
travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or
right-of-way, except for the purpose of loading or unloading.
(Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § 1, 2-24-92)
Sec. 21-23. Parking more than seventy-two hours prohibited.
No person shall park a motor vehicle on any street or right-of-way for a period of time in
excess of seventy-two (72) hours.
(Ord. No. 75-82-3, § 8, 4-12-82) w
a
Sec. 21-24. Abandoned, wrecked,junked or inoperative property, etc.—Declared un-
lawful; exception; nuisance declared.
(a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in its
entirety as if fully set forth herein.
(1) Abandoned property on private property; procedures for removal thereof.
a. Whenever the enforcement officer,Atlantic Beach police officer or Atlantic Beach
code enforcement officer, shall ascertain that an article or articles of abandoned
property are present on private property within the limits of Atlantic Beach in
violation of any zoning ordinance or regulation, anti-litter ordinance or regula-
tion, or other similar ordinance or regulation of Atlantic Beach,the enforcement
officer shall cause a notice to be placed upon such article in substantially the
following form:
NOTICE TO THE OWNER, AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: (setting forth brief description)
located at (setting forth brief description of location) is improperly stored and is
Supp. No. 12 1224
TRAFFIC AND MOTOR VEHICLES § 21.25
in violation of(set forth ordinance or regulation violated) and must be removed
within ten(10)days or,if the property is a boat, thirty(30)days from date of this
notice; otherwise it shall be presumed to be abandoned property and will be
removed and destroyed by order of the City of Atlantic Beach. If the property is
a motor vehicle or boat, the owner will be liable for the costs of removal and
destruction.
Dated this: (Set forth date of posting of notice).
Signed: (Set forth name, title, address and telephone number of enforcement
officer).
Such notice shall not be less than eight(8) inches by ten (10) inches and shall be
sufficiently weatherproofed to withstand normal exposure to the elements for a
period of ten(10)days. In addition to posting the notice, and on or before the date
of posting, the enforcement officer shall mail a copy of the notice to the owner of
the real property upon which the abandoned articles are located as shown by the
real estate tax record used by the City of Atlantic Beach, and if the abandoned
property is a motor vehicle or boat,shall make a reasonable effort to ascertain the
name and address of the owner and shall mail a copy of the notice to such owner.
b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after
posting such notice, the owner or any parson interested in the abandoned article
or articles described in such notice has not removed the article or articles and
complied with the ordinance or regulation cited in the notice, the enforcement
officer may cause the article or articles of abandoned property to be removed and
destroyed. The salvage value, if any, of such article or articles shall be retained
by the City of Atlantic Beach to be applied against the cost of removal and
destruction thereof, unless the cost of removal and destruction is paid by the
owner,in which case the salvage value may be deposited in the local government
general fund.
(b) Nuisance declared. To accumulate or store one(1)or more of such vehicles on public or
private property shall constitute a nuisance detrimental to the health, safety and welfare of
inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the
property upon which the vehicle is located to remove the vehicle from the city limits,or to have
the vehicle housed in a building where it will not be visible from the street.
(Ord. No. 75-82.3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88)
Cross reference—Nuisances, Ch. 12.
Sec. 21-25. Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove
and shall cause to be removed any vehicle from any street or alley or right-of-way within the
city to a public garage or other place of safety under circumstances enumerated in this article:
(1) When a vehicle is left unattended:
a. On a sidewalk;
Supp.No. 12 1225
§ 24-110 ATLANTIC BEACH CODE
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
(f) Bui!ding restrictions. The buildings restrictions for these districts are as follows:
(1) Maximum lot coverage: none;
(2) Maximum building height: 35 feet.
tOrd. No. 90-82-74, § 2(ITI, F, 2), 7-26-S2-, Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-85 98, §
1, 1-13-86; Ord. No. 90-86-113, § 2, 1-12 87)
See. 24-111. CG commercial general districts.
(a) Intent. The CG districts are intended to provide general retail sales aml ,,iervlcc.-; for
the city as a whole. These districts should have direct access to major thototullit' a,wi
"
well suited for development of community shopping centers.
(h) Perniitted uses. The uses permitted in these districts are as follows:
(1) Retail outlet's for the sale of food and drugs, wearing apparel,toys,sundrics, sundries
and notions, books and stationery, luggage,jewelry, art, florist itlClUdin- silks,
eras, photographic supplies, sporting goods, hobby shops and pet shops (not annual
kennel or veterinarian), bakery (but not wholesale bakery), home furnishings, and
appliances, office equipment and furniture, hardware, lumber and building materi-
als, auto parts, and similar uses;
(2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gym-
nasium, laundry or dry cleaner, funeral home, job printing, radio and television
repairs, lawn care service, pest control companies, and similar uses;
(3) Banks,loan companies,mortgage brokers,stockbrokers, and similar financial instltutions*,
(4) Business and professional offices;
(5) Retail plant nursery;
(6) Retail sale of beer and wine;
(7) Auto service station, maintenance and minor repairs, car wash;
(8) Theater;
(9) Government buildings and facilities;
(10) Produce markets(no outside sales);
(11) Those uses permitted in Commercial Limited zoning;
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Animal kennel;
(2) Veterinarian clinic;
(3) Child care center,
Supp.No.5
1444
24-112 ATLANTIC BEACH CODE
processes or machinery likely to cause unde:,irable effects upon nearby or adjacent residential
or commercial activities related to the character of the district; and
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Wholesaling, warehousing, miniwarehouses, storage or distribution establishments
and similar uses;
(2) Light manufacturing,processing(including food processing,but not slaughter house,)
packaging, or fabricating in completely enclosed building;
(3) Bulk storage yards, not including bulk storage of flammable liquids;
(4) Outdoor storage yards and jots (providing front yard;, and six (6) foot, fence and
excluding junk yards),contractors yards;
(5) Establishments for sale and repair of new and used automobiles, rnot,orcycle.s, trucks
and tractors, boats, automobile vehicle parts and accessories (except junk yards),
nearby machinery and equipment, farm equipment, lurtiber and building supplies,
mobile homes, monuments and similar uses;
(6) Pleating and air conditioning, welding, sheet metal works, plumbing and electrical
sales, laundries and dry cleaning, bakeries, bottling plants and similar uses;
(7) Vocational, technical, trade or industrial schools and similar uses;
(8) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exception are as follows:
(1) Bulk storage of flammable liquids subject to provisions of county and state fire codes;
(2) Radio and TV transmitting tower;.
(3) Asphalt or concrete batching plants.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: None;
(2) Lot width: None:
(3) Lot depth: None.
(e) Minimum yard requirements. The minimum yard requirements for these districts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for the adjacent property;
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
Supp.No.5
:1446
Adall ZONING AND SUBDIVISION REGULATION'S § 24-112
(4) On-premise consumption of liquor, beer and wine;
(5) Limited wholesale operation;
(6) Contractor, not requiring outside storage;
(7) Limited warehousing, including mini-warehouses;
(8) Motels;
(9) Churches;
(10) Cabinet shops;
(11) Hospital, nursing home;
(12) Sale of new and used automobiles and boats;
(13) Automotive/truck service garage (not including semi tractor trailer repairs);
(14) Those uses permitted in Commercial Limited as uses by exception.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in
these districts are as follows:
(1) Lot or site area: None;
(2) Lot width: None;
(3) Lot depth: None.
(e) Minimum yard requirements. The minimum yard requirements in these districts are
as follows:
(1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard,front yard
shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG
districts, front yard shall meet the requirements for such adjacent property;
(2) Rear yard: 20 feet;
(3) Side yard: 10 feet.
(f) Building restrictions. The building restrictions in these districts are as follows:
(1) Maximum lot coverage: None;
(2) Maximum building height: 35 feet;
(Ord. No. 90-82-74, § 2(III,F,2), 7-26-82; Ord. No. 90-83-80, § V, 6-27-83; Ord. No. 90-85-96, § 1,
10-14-85; Ord. No. 90-86-104, § 1, 6-23-86; Ord. No. 90-86-108, § 1, 9-8-86)
Note—See editor's note to § 24-109.
Sec. 24-112. II.W industrial light and warehousing districts.
(a) Intent. These districts are intended for light manufacturing,storage and warehousing,
processing or fabrication of nonobjectionabie products, not involving; the use of materials,
Supp.No.5
145