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CE COAB vs. 387 SKATE ROAD • ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach, FL 32240-0457 E-Mail: Alan@AJensenLaw.com January 3, 2013 W. K. Lally, Esquire 6160 Arlington Expressway Jacksonville, FL 32211 RE: City of Atlantic Beach vs. Hector, et al Dear Bill: Please advise if your clients agree to the entry of a money judgment against them for the full amount originally ordered by Judge Tanner, as we discussed after oral arguments on December 18, 2012. If not, since the matter was remanded to the trial court for further action, we will need to coordinate a hearing date and time for a final hearing before Judge Tanner. I look forward to hearing from you in the near future regarding the above matter. Thank you. 7 Very ', v yours, 111111,16,.. / • / . JENSEN ACJ/sky Cc: James R. Hansen, City Manager(w/cc 12/21/12 Order) IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2012-AP-16 XXXX MA LOWER CASE NO.: 16-2010-CC-7185 XXXX MA DIVISION: CR-E HARTSON B. HECTOR and VALDA G. HECTOR, Appellant, RECEIVED Vs. DEC 2 :2012 THE CITY OF ATLANTIC BEACH, A Florida municipal corporation, Alan C.Jensen Atty. Appellee. Circuit Court for the Fourth Judicial Circuit. An appeal from the County Court in and for Duval County, Sharon Tanner, Judge. W. K. Lally, for Appellants. Alan C. Jensen, for Appellee. Oral argument was held on December 18. 2012. At oral argument the parties agreed that proof of notice is an element which must be proven in order to establish the validity of the liens which are the subject of this matter. The parties also agreed that the Defendant/Appellant raised lack of notice by affidavit. Although the Plaintiff/Appellee provided record evidence that notice had been given, that issue is in dispute and it is a material disputed fact and therefore cannot be disposed of by summary judgment and would require a trial on the merits. Additionally, subsequent to summary judgment having been entered but before the sale of the property in question the Defendant/Appellant established that the property is homestead. The parties agree that homestead cannot legally be sold by virtue of foreclosure. Accordingly, the court having considered argument of counsel and having reviewed the record on appeal it is ORDERED AND ADJUDGED that this matter be and the same is hereby reversed and remanded to the trial court for further action. DONE AND ORDERED in Chambers, at Jacksonville, Duval County, Florida this day of , 2012. ORDFR ENT ERS ak-ctTYRIE W. BOYER t-5:/7}. , 20 ' •RTc CIRCUIT JUDGE ` W. 4.0 = Copies to: Honorable Sharon Tanner Division K 501 West Adams Street, Room 7112 Jacksonville, FL 32202 W. K. Lally, Esq. 6160 Arlington Expressway Jacksonville, FL 32211 Alan C. Jensen, Esq. P. O. Box 50457 Jacksonville Beach, FL 32240-0457 ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw.com November 5, 2012 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE: Atlantic Beach vs Hector Dear Jim:" Oral argument in the appeal of the above case has been rescheduled for December 18, 2012, at 10:30 a.m., and enclosed is a copy of the Order Setting Oral Argument. You may recall that oral argument was previously scheduled, but had to be cancelled because the other attorney was in the hospital. I don't know how long it will take the court to rule after the oral argument on December 18, but will advise you as soon as I hear anything at all from the court. if you have any questions in the meantime,please don't hesitate to contact me. Very yours, IIII%p4// Air, I ANC JENSEN Enclosure ACJ/sky Cc: Donna Bartle, City Clerk(w/enc) IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA APPEAL NO.: 16-2012-AP-16 XXXX MA DIVISION: CR-E HARTSON B. HECTOR and VALDA G. HECTOR, Defendants/Appellants Vs. RECEIVED THE CITY OF ATLANTIC BEACH, NOV 0 2 2012 A Florida municipal corporation, Plaintiff/Appellee. Alan C.Jensen,Atty. ORDER SETTING ORAL ARGUMENT Oral argument in this matter will be held on Tuesday, December 18, 2012, at 10:30 a.m. in Courtroom 308, Duval County Courthouse, 501 W. Adams Street, Jacksonville, Florida. Time allotted for oral argument is thirty (30) minutes. DONE AND ORDERED in chambers at Jacksonville, Florida this day of October, 2012. ORDER ENTERED NOV G 1 2012 Is/ TYRIE w. BOYER TYRIE W. BOYER CIRCUIT JUDGE Copies to; W. K. Lally, Esq., 6160 Arlington Expressway, Jacksonville, FL 32211 Alan C. Jensen, Esq., P. O. Box 50457, Jacksonville Beach, FL 32240-0457 If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at(904) 255-1695 or crtintrp(a,coi.net at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. ALAN C.JENSEN Attorney at Law 935!worth Third Street • Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw.com August 29,2012 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach vs Hector Dear Jim: Enclosed is a copy of an Order Setting.Oral Argument in the above case. The oral argument has been set at the request of the judge, since neither side of the case requested it. However, the appellate rules of procedure allow the judge on his own motion to set oral argument. I am sure the judge has questions regarding the Briefs filed by both parties and the status of the case. I will attend the oral argument on September 11 and advise you of its outcome. If you have any questions in the meantime,please don't hesitate to contact me. Very tru , yours, / . JEN EN Enclosure ACJ/sky Cc: Donna Bartle, City Clerk(w/enc) IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA APPEAL NO.: 16-2012-AP-000016 DIVISION: CR-E HARTSON B. HECTOR and VALDA G. HECTOR, Defendants/Appellants v. THE CITY OF ATLANTIC BEACH, A Florida municipal corporation, Plaintiff/Appellee. ORDER SETTING ORAL ARGUMENT Oral argument in this matter will be held on Tuesday, September 11,2012, at 8:25 a.m. in Courtroom 308, Duval County Courthouse, 501 W. Adams Street,Jacksonville,Florida. Time allotted for oral argument is thirty(30)minutes. DONE AND ORDERED in Chambers, at Jacksonville, Duval County, Florida this day of , 2012. OROFR FNT TYRIE W. BOYER406 2? RFt) ` CIRCUIT JUDGE S/71,R�F 2012 Copies to: • 80YFR W. K. Lally, Esq. 6160 Arlington Expressway Jacksonville, FL 32211 Alan C. Jensen, Esq. ECEW D P. O. Box 50457 Jacksonville Beach, FL 32240-0457 ` 7_9 1012. Is._ c sen,NM• ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw.com July 31,2012 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE: Atlantic Beach vs Hector Dear Jim: I enclose a copy of the Reply Brief of Appellants which we recently received in the above case. I have not attached a copy of the Appendix which came with the Reply Brief, since it only includes copies of various pleadings filed in the case. This appeal has now been fully briefed by both parties, and we are in a position of waiting to hear from the judge. I understand that the particular judge to which this case is assigned on appeal will rule fairly promptly. As soon as I hear something from the judge,I will advise you accordingly. If you have any questions in this regard,please don't hesitate to contact me. Very 4, ly yours, Aral./Ji %/ : C. JENSEN Enclosure ACJ/sky Cc: Donna Bartle, City Clerk(w/enc) IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA APPEAL NO: 16-2012-AP-000016 DIVISION: CR-E HARTSON G. HECTOR and VALDA G. HECTOR, Defendants/Appellants, vs. THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff/Appellee. REPLY BRIEF OF APPELLANTS W. K. LALLY, ESQ. W. K. 501 LALLY, Fla. ar No. 142804 G 6160 Arlington Expressway P�a` Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants TABLE OF CONTENTS PAGE TABLE OF CITATIONS ii ARGUMENT 1 THE ISSUES OF NOTICES 1 CLAIM OF LIEN NUMBER 1 3 CLAIM OF LIEN NUMBER 2 4 CLAIMS OF LIEN NUMBER 3, 4 AND 5 5 SERVICEMEMBERS' CIVIL RELIEF ACT 6 FORECLOSURE 6 OTHER ISSUES 6 CONCLUSION 9 CERTIFICATE OF SERVICE 10 CERTIFICATE OF COMPLIANCE 11 { TABLE OF CITATIONS STATUTES PAGE Chapter 162, Fla. Stat. 1, 2, 3, 5 7, 8 §85.051, Fla. Stat. 5 § 162.06(2), Fla. Stat. 1, 7 §162.10, Fla. Stat. 5 §162.12, Fla. Stat. 1, 7 §713.06, Fla. Stat. 7 ORDINANCES PAGE Chapter 24, Section 24-108, Code of Ordinances of the City of Atlantic Beach 3 Chapter 23, Section 23, Code of Ordinances of the City of Atlantic Beach 4 ii ARGUMENT The trial court erred in entering Summary Judgment on January 19, 2012 (R- 42) in that the Defendants had raised at least two material issues of law and fact in their Answer filed on December 3, 2010 (R-15). The first issue raised by the Defendants was a denial that the Plaintiff had performed all conditions precedent prior to bringing the action after alleging in paragraph 4 of the Complaint (R-1) that all liens were issued pursuant to Chapter 162, Fla. Stat. The second issued raised by the Defendants was that they had not been given proper notice. The City, in its Motion for Summary Judgment (R-23), relied on an affidavit of a Building Official of the City of Atlantic Beach who based his assertions on a non-existing Agreement, accordingly the Affidavit should have been given little if any credence or value. THE ISSUE OF NOTICES Chapter 162, Fla. Stat. is clear that at least two notices must be given in order to support each Claim of Lien. §162.06(2), Fla. Stat. The procedure for the notices is set out in §162.12, Fla. Stat. which requires documentation in the form of an affidavit from the person posting or delivering a notice or if published, then a proof of publication must be executed. In the Hector answer to the Complaint filed on November 10, 2010 (R-1) they 1 denied that they"were provided notice by Plaintiff prior to any service being rendered to their property and prior to any Code Enforcement Board Liens being filed against their property..." In the Defendants' denial a clear issue of fact was raised concerning notices. More than a year later on December 8, 2011 the City filed its Motion for Summary Judgment (R-23)alleging no issues of fact remained unresolved. On July 9, 2012 the Defendants filed documents in their Response in Opposition to the Motion for Summary Judgment (R-39) again raising the issues of notices and the Plaintiff's failure to follow Chapter 162,Fla. Stat. During the preceding year or more the City had not filed one document in evidence in support of its contention that the Hectors had been properly served with the statutorily required notices. The City now claims in its Answer Brief that the Hectors were provided with proper notice under "weed abatement liens recorded pursuant to city codes," none of which were identified by statute number or code number. It fails to cite any city code or statute concerning service which does not require the proof of service to be executed. Further, a computer search of the City Municipal Code for the terms "weed abat" returned "no result." There is most likely a good reason that the City did not file any evidentiary responses during the year that they had time to do so in order to resolve the issue of 2 notices. If the Hectors were properly served, the City would have had the necessary proof of such service, but the City did not do so because they had not complied with the requirements of Chapter 162, Fla. Stat. and of necessity the entire lawsuit is without any foundation and must be denied. CLAIM OF LIEN NUMBER 1 Recorded January 12, 2004 OR Book 11574. Page 1413 - $605.03 It is hard to imagine that the Code Enforcement Board had discussed the adoption of the Florida Building Code and determined that the Hectors performed or failed to perform some act during the adoption of the Florida Building Code that made them liable for the required payments they had failed to make toward this obligation. Going further with this "required payments" reasoning, there is no language in the Accessory Uses and Structures Act,the rear yard litigation in Chapter 24, Sec. 24-108, Code of Ordinances of the City of Atlantic Beach or in the Appeals Act that could suggest that the Hectors failed to make the required payments toward their obligations of financial liability. Aside from the required payments in the four acts the theme now changes to administrative fees for the hearing. Apparently the Board must have talked about the four acts cited and now wants a fee of$605.03 for the conversation. The format of this Claim of Lien is correct but in substance it is totally lacking in support of any real financial liability of the Hectors. 3 This lack of any connection with the acts cited and the total disconnect with the claim for administrative fees was raised in Appellant's Initial Brief but ignored by the Appellee City. The simple reason is there is no connection and therefore no liability. In addition, the failure of service of required notices is a fatal defect of this Claim of Lien. CLAIM OF LIEN NUMBER 2 Recorded June 23, 2006 OR Book 13349, Page 508 - $1,369.44 The City claims that this Claim of Lien is the result of Code Enforcement Board action. A close reading of the document and by comparison with Claim of Lien #1 it is clear that the City's claim of Code Enforcement Board action is absolutely false and without foundation. Further reading of Chapter 23, Sec. 23, Code of Ordinances of the City of Atlantic Beach concerning a permit for tree removal fails to disclose any language that would give rise to the Hector's liability for any "required payments toward this obligation" or any language that would support fines and administrative fees. This lack of any connection with the acts cited and the total disconnect with the claim for administrative fees was raised in Appellant's Initial Brief but ignored by the Appellee City. The simple reason is there is no connection and therefore no liability. The veracity of this claim, actually and all claims filed herein are not 4 believable, particularly in view of the fact its author did not swear or affilni its truthfulness but his signature being notarized only shows that they were not forgeries. Further, the Hectors were never involved in any permitting for removal of a tree. CLAIM OF LIEN NUMBER THREE Recorded July 12, 2007 OR Book 14080, Page 1685 - $592.44 CLAIM OF LIEN NUMBER FOUR Recorded August 10, 2007 OR Book 14131, Page 1161 - $826.72 CLAIM OF LIEN NUMBER FIVE Recorded May 16, 2008 OR Book 14503, Page 960 - $854.44 The City has stated that these Claims of Lien are not Code Enforcement Board liens and that the City is not required to follow the requirements of Chapter 162 on these liens. The clear facts set out above by the City take these liens out of coverage by Chap.162, Fla. Stat. as was alleged in the Appellant's Initial Brief herein. A complete abandonment of any procedures under Chapter 162,Fla. Stat. or of the local government code causes the life of the Claims of Lien to be limited to twelve months under §85.051, Fla. Stat. Since there is not any substantial difference between Lien number 2 and Lien numbers 3, 4 and 5, all four Claims of Lien expired after twelve months and they have no value to the City in this action. A reading of part of §162.10, Fla. Stat. is appropriate at this time "No lien provided under the Local Government Code Enforcement Boards Act shall continue 5 for a period longer than 20 years..." The City's statements and a reading of liens 2 through 5 clearly show they are not under the Local Government Code Enforcement Board and therefore had expired after twelve months. SERVICEMEMBERS; CIVIL RELIEF ACT The Soldiers and Sailors' Civil Relief Act did not include administrative actions as within its jurisdiction. The Servicemembers' Civil Relief Act enacted in 2004 specifically included civilian administrative actions within its jurisdiction,accordingly this action is within its coverage. Mr. Hector, being on active duty during this era, was required to be served when each action leading to a Claim of Lien was initiated. Mr. Hector was never served as stated in his affidavit. His right under the Servicemembers' Civil Relief Act was violated. FORECLOSURE The Homestead immunity ofthe subject real property is clear, leaving no issues to be resolved by the trial court. OTHER ISSUES The City has repeatedly claimed that much of its activity in connection with the prosecution of this act was based on unspecified authority. A few examples are that the Claim of Lien was based on "the applicable City code" and that notices were 6 provided under the "statutes and City codes." Another example concerned the warning required under § 713.06, Fla. Stat. is the statement that "no such warning is required for a weed abatement lien issued pursuant to City code." These references to unidentified laws leave more questions than answers and cannot be considered as meaningful but rather as a failure of the user to have any authority for what was said. A similar issue is the matter of the City's pronouncement of evidentiary matters either unsupported or contrary to matters of record. Significant is the issue of service of notices in accordance with §162.12, Fla. Stat. as follows: "afforded with property notices" (P4), "after receiving proper notice" (P6, P7, P8). Other matters covered by this issue were: "... this claim of lien... resulted from Orders issued by the Code Enforcement Board Orders ..." referring to Claim of Lien number 2 (P7). No such warning is required for a weed abatement lien issued pursuant to city code." (P8) Again,there is no reference to"weed abatement" in the City Code. "Hector correctly admits that the City complied with requirements of Chapter 162, Fla. Stat. with respect to the first Claim of Lien." (P9) Clearly, the Hectors denied compliance with §162.06(2), Fla. Stat. for all Claims of Lien. "Claim of Lien #2 ... the Code Enforcement Board was involved" (P9) Clearly a false statement and contrary to the evidence of record and the document itself. The City has complained that many matters raised by the Hectors in their Brief 7 were not raised in their original pleadings. Plaintiff alleged that it had performed all conditions precedent to bringing this action, and had cited Chapter 162,Fla. Stat. The Hectors had denied that Plaintiff had performed all conditions precedent ..." All the matters objected to by the Plaintiff are either part of Chap. 162, Fla. Stat. or are of necessity involved with Chap. 162, Fla. Stat. and therefore not objectionable. The City has repeatedly relied on unidentified statutory and city codes as authority for its activities: P4, P4, P7, P8, P9 and P12. The City cannot justify its activities by basing them on authority for which there is no reference or which is not specific. Those matters relied on by the City on undisclosed authority must be regarded as of no value. 8 CONCLUSION The trial court entered the Summary Judgment of Foreclosure in spite of clear issue of material fact and law raised by the Hectors. The City, in prosecuting this action, has abandoned the applicable Chap. 162, Fla. Stat. and applied unknown laws contrary to said statute to achieve its own end, that is to achieve ownership of the Hectors' homestead at all costs. Their failures and lack of responsive action mitigate against any relief for the City and therefore an award of attorneys fees to the Hectors without further litigation is appropriate. 9 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to Alan C. Jensen, Esq., 935 N. Third Street, Jacksonville Beach, FL 32250, by U.S. Mail this0114 day of July 2012. #k (I/ W. K. LALLY, ' SQ. W. K. LALLY, P.A. Florida Bar No. 142804 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants 10 CERTIFICATE OF COMPLIANCE I hereby certify that I have complied with Fla. R. App. P. 9.210 in the preparation of Appellant's Initial Brief. W. K. LALLY, P.A. i1/ W. K. LALLY Florida Bar No. 142804 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants 11 ALAN C.JENSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonville Beach,Florida 32240-0457 Telephone(904)246-2500 Facsimile(904)246-9960 E-Mail: AJensenLaw@aol.com June 25, 2012 TO: Jim Hanson, City Manager City of Atlantic Beach 41110.- f FROM: Alan C. Jensen,Esquire RE: COAB v. Hector(foreclosur- appeal) ENCLOSURES: Copy of City's Answer Brief SPECIAL-INSTRUCTIONS: O Pursuant to your request For your information O Please sign and return O Please sign before a notary and return O Please call to schedule appointment to come in and sign papers O Please review and telephone me with any questions or comments O Please telephone as soon as possible • Please file and docket accordingly • Please record on the public records and return to me • Please calendar date(s) Cc: Donna Bartle,w.enclosure IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY,FLORIDA APPEAL NO.: 16-2012-AP-000016-MA DIVISION: CR-E L.T. CASE NO.: 16-2010-CC-7185 HARTSON G.HECTOR and VALDA D. HECTOR, Appellants, � vs. THE CITY OF ATLANTIC BEACH, p0 youR FILES a Florida municipal corporation, Appellee. APPELLEE THE CITY OF ATLANTIC BEACH'S ANSWER BRIEF ALAN C.JENSEN,ESQUIRE Florida Bar#162809 Attorney for Appellee 935 North Third Street Post Office Box 50457 Jacksonville Beach,FL 32240-0457 (904)246-2500 TABLE OF CONTENTS PAGE Table of Citations ii Introductory Statement 1 Statement of the Case and of the Facts 2 Summary of Argument 4 Argument 6 Issue One: Claims of Lien 6 Issue Two: Compliance With Chapter 162, Florida Statutes9 Issue Three: Servicemembers Civil Relief Act 10 Issue Four: Foreclosure 10 Conclusion 12 Certificate of Service 13 Certificate of Compliance With Font Requirements of Fla.R.App. P. 9 . 210 13 TABLE OF CITATIONS Cases Branch v. McGlynn, 65 So. 2d 32 (Fla. 1953) 6 Futch v. Wal-Mart Stores, Inc. , 988 So. 2d 687 (Fla. 15t DCA 2008) 5 Mapoles v. Mapoles, 332 So. 2d 373 (Fla. 1st DCA 1976) 7, 8, 9 Marson v. Comisky, 341 So. 2d 1040 (Fla. 4th DCA 1977) 6 Mathieu v. City of Lauderdale Lakes, 961 So. 2d 363 (Fla. 4'h DCA 2007) 9 Myers v. Harkins, 136 So. 2d 382 (Fla. 1921) 6 Florida Constitution Article X, Section 4 3, 9 Statutes Chapter 162 3, 6, 7, 8, 10 Chapter 713 7 Section 85. 051 8 ii • • INTRODUCTORY STATEMENT In this Brief, Appellants/Defendants will be referred to as Hectors, or individually by their names, Hartson G. Hector and Valda D. Hector. Appellee/Plaintiff will be referred to as City. The Record on Appeal will be referred to by the symbol "R" followed by the page number. 1 STATEMENT OF THE CASE AND OF THE FACTS City filed a Complaint on August 5, 2010, to foreclose liens on real property located in Duval County, Florida, and owned by the Hectors . (R-1) Thereafter, on November 10, 2010, Hartson G. Hector filed an Answer (R-15) which (1) admitted paragraphs 1, 2, 3 and 8 of the Complaint, (2) alleged he was without knowledge as to paragraphs 4 and 9 of the Complaint, and (3) denied paragraphs 5, 6, 7 and 10 of the Complaint . No affirmative defenses or other responses to the Complaint were ever filed by the Hectors . A default was entered by the Clerk of the Court against Valda D. Hector on November 1, 2011 . (R-19) City filed a Motion For Summary Judgment of Foreclosure on December 9, 2011 (R-23) , to which was attached an Affidavit in Support of Summary Judgment executed by the Building Official of City. A hearing on the Motion For Summary Judgment of Foreclosure was scheduled before the trial court on January 19, 2012 . (R-20) On January 11, 2012, Hartson G. Hector, through his attorney, filed an unsworn Response in Opposition to Motion For Summary Judgment and Counter-Motion For Summary Judgment (R-39) , signed by the attorney only. Said Response was accompanied by an Affidavit in Opposition to Summary Judgment (R-37 ) signed by Hartson G. Hector only. A hearing was held before the trial court on January 19, 2012 . By agreement of the parties, the default previously entered by the Clerk against Valda D. Hector was set aside. (R- 41) The trial court then entered its Summary Final Judgment of 2 Foreclosure dated January 19, 2012 . (R-42) 3 SUMMARY OF ARGUMENT The trial court correctly entered the Summary Final Judgment of Foreclosure on January 19, 2012, based upon the state of the record on that date. Hectors failed to counter City' s Affidavit in Support of Summary Judgment that Hectors had not made any payments on the liens which were the subject matter of City' s Complaint . The Complaint filed by City describes five (5) liens against Hectors' property, the first two (2) of which are Code Enforcement Board Claims of Lien and the last three (3) of which are Weed Abatement Claims of Liens . All of said liens were property executed and issued by City pursuant to Chapter 162, Florida Statutes, or the applicable City code. Hectors were provided with proper notice under the statutes and City codes, and were afforded due process in regard to all Claims of Lien. Hartson G. Hector' s active duty service with the U. S. Navy ended in 2009 . City filed its Complaint against the Hectors on August 5, 2010 . The Servicemembers Civil Relief Act is not applicable. The property which is the subject matter of this case was unoccupied at all times material hereto, including when City filed its Complaint and when the trial court entered the Summary Final Judgment of Foreclosure. Hartson G. Hector was served with process on September 21, 2010, in Greenacres, Palm Beach County, Florida 33413, and Valda D. Hector was served with process on 4 July 27, 2011, in New York, Kings County, New York 11213 . City concedes that Hectors may be entitled to the homestead protection afforded by Article X, Section 4 , of the Florida Constitution. However, the homestead status of the property was not litigated before the trial court, was not raised as an issue before the trial court, and it may therefore be necessary for this Court to remand this case to the trial court for further proceedings to determine whether Hectors are entitled to homestead protection, and if so, whether City is entitled to a money judgment against Hectors. 5 ARGUMENT The applicable standard of review of the trial court' s entry of the Summary Final Judgment is for this Court to apply a de novo review to determine whether there are genuine issues of material fact and whether the trial court properly applied the correct rule of law. Futch v. Wal-Mart Stores, Inc. , 988 So. 2d 687 (Fla. 1St DCA 2008) . Issue One: Claims of Lien: The Claims of Lien are described specifically in paragraph 4 of City' s Complaint (R-1) , and copies of all said Claims of Lien are attached to said Complaint . (a) Claim of Lien dated January 8, 2004 . This Claim of Lien is not dated September 17, 2003, as stated in Hectors' Initial Brief, but resulted from a Code Enforcement Board hearing held on September 17, 2003 . The amount of said Claim of Lien is $605. 03, which is clearly stated in the Claim of Lien as the administrative fees incurred by City in the September 17, 2003, hearing. Although Hectors state in their brief that this Claim of Lien was executed by the city manager "without an oath, " the city manager' s signature is notarized. (b) Claim of Lien dated June 22, 2006. This Claim of Lien is again a result of Code Enforcement Board action, is in the amount of $1, 369 . 44, and is for fines and administrative fees . Hectors incorrectly argue that this matter was not before City' s Code Enforcement Board. They also again state that the city 6 manager executed this Claim of Lien `without an oath, " but the city manager' s signature is notarized Both this Claim of Lien and that described in (a) above resulted from Orders issued by the Code Enforcement Board after hearings held before it . Hectors never appealed the Code Enforcement Board Orders within the time allowed, after receiving proper notice of said hearings . Fla. Stat . § 162 . 11 . Hectors argue that City "cannot initiate an action against two owners by filing a claim against only one owner, " and cite Myers v. Harkins, 136 So. 2d 382 (Fla. 1921) , and Marson v. Comisky, 341 So. 2d 1040 (Fla. 4th DCA 1977) in support thereof. Myers, supra, is easily distinguishable because it involved bonding off a lien where the bond was signed by the contractor, not the owner of the property, so that the statutory requirements necessary for bonding off a lien were not strictly followed. Marson, supra, is also easily distinguishable because it involved failure to join both husband and wife, owners of the property involved, as defendants in the lien foreclosure case . Hectors are both named and served defendants in this case at bar. It is not required that City give notice of its Claim of Lien to both husband and wife, as long as one is noticed, and as long as both are joined as defendants in the foreclosure action. Branch v. McGlynn, 65 So. 2d 32 (Fla. 1953) . (c) Claim of Lien dated July 11, 2007 . This is a weed abatement Claim of Lien, as clearly stated thereon, in the amount of $592 . 84 . This Claim of Lien was issued pursuant to city code, 7 not any Code Enforcement Board action. Hectors' same argument regarding the city manager executing this Claim of Lien `without an oath" is made, but clearly his signature is notarized. Hectors never challenged or appealed this Claim of Lien. (d) Claim of Lien dated August 9, 2007 . This is another weed abatement lien similar to (c) above in the amount of $826. 72 . Execution of this Claim of Lien by the city manager "without an oath" is again argued, but the signature is notarized. (e) Claim of Lien dated May 15, 2008 . The final weed abatement lien is in the amount of $845 . 44 and is signed by the city manager, whose signature is notarized. Hectors argue there is no mandatory warning as is required for mechanics liens under Chapter 713, Fla. Stat. No such warning is required for a weed abatement lien issued pursuant to city code . Hectors also argue that this Claim of Lien is based on "...on unauthorized activities by the City Manager in place of the Code Enforcement Board. " As stated above, the weed abatement liens are not the result of any Code Enforcement Board action, but result from Hectors' lawn being overgrown in violation of city code. After proper notice to Hectors and receiving no response, City, at its expense, mowed Hectors' lawn to protect the public health, safety and welfare, and assessed its costs against Hectors . When Hectors failed to pay these costs, City filed its Claim of Lien. Many of Hectors' arguments in their Initial Brief regarding 8 the Claims of Lien raise issues which were never pled or argued in the trial court . For example: (1) the liens were executed by the city manager "without an oath"; (2) Claim of Lien dated June 22, 2006, was not before City' s Code Enforcement Board; (3) City cannot initiate an action against two owners by filing a claim against only one owner; (4) no mandatory warning on liens as required by Chapter 713, Fla . Stat . ; and (5) some of the claims of lien are based upon unauthorized activities by the city manager. Florida law is clear that issues not raised in the pleadings may not be addressed on appeal . Mapoles v. Mapoles, 332 So. 2d 373 (Fla. 1st DCA 1976) . Issue Two: Compliance With Chapter 162 , Florida Statutes: Hectors correctly admit that City complied with the requirements of Chapter 162, Fla. Stat . , with respect to the first Claim of Lien dated January 8, 2004 . They incorrectly argue, however, that City failed to comply with Chapter 162 with respect to liens two through five. Claim of Lien #2 dated June 22, 2006, is a Code Enforcement Board lien and the Code Enforcement Board was involved. Hectors' argument in regard to this lien is simply not correct . Claims of Lien #3, #4 and #5 are, as set forth above, weed abatement liens recorded pursuant to city code. These are not Code Enforcement Board liens . City is not required to follow the requirements of Chapter 162 on these liens . Hectors' arguments regarding City "abandoning all attempts to comply with any portion of the above-cited statute and 9 ordinance..." and that the life of certain of the claims of lien "...would be limited to twelve months under §85. 051, Fla. Stat.... " were never pled or argued before the trial court and cannot now, for the first time, be addressed on appeal . Mapoles, supra. Issue Three: Servicemembers Civil Relief Act: Defendant' s Affidavit in Opposition to Summary Judgment (R-37) states that Hartson G. Hector was on active duty in the U . S . Navy until June, 2009. Hartson G. Hector was personally served with process in this case on September 21, 2010, after this case was initially filed by City on August 5, 2010 . (R-1) Servicemembers Civil Relief Act is inapplicable. Hectors argue, however, that the Servicemembers Civil Relief Act applies to notices required under Chapter 162, Fla. Stat . , and that apparently these same statutory notice requirements apply to weed abatement liens . Hectors cite no legal authority in support of this argument . The Servicemembers Civil Relief Act is never mentioned in any pleadings or argument before the trial court . Once again, Mapoles, supra, applies . Issue Four: Foreclosure: The real property which is the subject matter of this case was vacant and unoccupied when City filed this case in August, 2010, when both defendants were served with process, September, 2010, and July, 2011, and when the trial court entered the Summary Final Judgment in January, 2012 . Hectors never contested City' s allegations that no payments on the five (5) Claims of Lien have been paid. The state of the 10 record on January 19, 2012, reflects that the trial court correctly entered the Summary Final Judgment . City concedes, however, that based upon actions which occurred after entry of the Summary Final Judgment and before the sale date of the property, Hectors may be entitled to homestead protection afford by Article X, Sec. 4, Florida Constitution. Mathieu v. City of Lauderdale Lakes, 961 So. 2d 363 (Fla. 4th DCA 2007) The homestead status of Hectors' property was not litigated before the trial court, was not raised as an issue by the pleadings, and it may therefore be necessary for this Court to remand this case to the trial court for further proceedings to determine whether Hectors are entitled to homestead protection, and if so, whether City is entitled to a money judgment against Hectors . 11 CONCLUSION The trial court correctly entered the Summary Final Judgment of Foreclosure based upon valid liens properly recorded by City after due notice to Hectors and after Hectors were afforded due process under Chapter 162, Fla. Stat. , and city codes. The issues argued by Hectors for the first time on appeal, having never been pled or argued to the trial court, may not now be addressed on appeal . These issues are those set forth on pages 5, 9, 10 and 11 above. Hectors' entitlement to homestead protection under the Florida Constitution may need to be addressed by the trial court, since Hectors' claim in that regard is based on actions they took after entry of the Summary Final Judgment . If this case is remanded to the trial court for this purpose, then such remand should also instruct the trial court to determine whether City is entitled to a money judgment against Hectors . Respectfully submitted this oPc2-- day of June, 2012 . • 44. • A ,' C J ,SEN, ESQ IRE F ori.a Bar #162809 ros Office Box 50457 • . N. Third Street • Jacksonville Beach, FL 32250 (904) 246-2500 Attorney for Appellee/Plaintiff 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to W. K. Lally, Esquire, Attorney for Appellants/Defendants, 6160 Arlington Expressway, Jacksonville, Florida 32211, by U . S . Mail this (;',2— day of June, 2012 . Af Attorney CERTIFICATE OF COMPLIANCE WITH FONT REQUIREMENTS I HEREBY CERTIFY this Answer Brief has been prepared using the font known as Courier New, font size 12 . Attorney 13 ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw.com June 5, 2012 James R.Hanson,City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE: Atlantic Beach vs Hector Dear Jim: We received last Friday the Initial Brief of Appellants in the above case and a copy is enclosed. together with a copy of the Appendix attached to the brief. I believe it is self-explanatory, but please call if you have any questions. I will be preparing and filing an Answer Brief, which is due within twenty (20) days, and will provide a copy to you. The Hectors will then have an opportunity to file a Reply Brief, which should conclude the appellate pleadings. Thereafter, it will be a matter of waiting for the appeals court to render a decision, schedule a hearing, and the like. I will continue to keep you advised regarding further developments in this case, but please feel free to contact me if you have any questions in the meantime. Very, ly yours, g11PA �i, • . JENSEN Enclosure ACJ/sky Cc: Donna Bartle, City Clerk(w/enc) s . IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA APPEAL NO: 16-2012-AP-000016 , DIVISION: CR-E HARTSON G. HECTOR and VALDA G. HECTOR, Defendants/Appellants, vs. THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff/Appellee. RECEIVED JUN 0 12012 Alan C. Jensen,Atty. INITIAL BRIEF OF APPELLANTS W. K. LALLY, ESQ. W. K. LALLY, P.A. 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 TABLE OF CONTENTS PAGE TABLE OF CITATIONS STATEMENT OF THE CASE 1 SUMMARY OF THE ARGUMENT 3 ARGUMENT SECTION ONE - CLAIMS OF LIEN 5 SECTION TWO - COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES 10 SECTION THREE - SERVICEMEMBERS' CIVIL RELIEF ACT 13 SECTION FOUR - FORECLOSURE 14 CONCLUSION 15 CERTIFICATE OF SERVICE 16 CERTIFICATE OF COMPLIANCE 17 TABLE OF CITATIONS CASES PAGE Marson v. Comisky, So.2d. 1040 (4 DCA 1977) 8 Myers v. Hawkins, 136 So. 382 (Fla. July 28, 1921) 8, 9 Schaller v. Balk, 708 So.2d. 289 (2 DCA 1988) 14 STATUTES Chapter 162, Fla. Stat. 1, 3, 7, 10, 11, 12, 15 Art. X, §4, Fla. Const. 14 §85.051, Fla. Stat. 12 §162.02(2), Fla. Stat. 11 §162.06, Fla. Stat. 7 §162.09, Fla. Stat. 14 §162.09(3), Fla. Stat. 14 §162.12, Fla. Stat. 11, 12 §162.13, Fla. Stat. 10 §713.07, Fla. Stat. 8 11 ORDINANCES Chapter 6, Section 6-16, Code of Ordinances of the City of Atlantic Beach 5 Chapter 23, Section 23, Code of Ordinances of the City of Atlantic Beach 7 Chapter 24. Section 24-49(8), Code of Ordinances of the City of Atlantic Beach 6 Chapter 24, Section 24-151(b)(1)(h), Code of Ordinances of the City of Atlantic Beach 6 Chapter 24, Section 24-104(e)(2), Code of Ordinances of the City of Atlantic Beach 6 Part II, Chapter 2, Administrative Article V, Boards and Commissions, Division 2, Code Enforcement Board, of the Code of Ordinances, the City of Atlantic Beach 10 Section 2-146(a)(4), of the Code of Ordinances of the City of Atlantic Beach 10 Section 2-147(a)(3) of the Code of Ordinances of the City of Atlantic Beach 11 Section 12-1(b)(11), Code of Ordinances of the City of Atlantic Beach 8 iii STATEMENT OF THE CASE On August 5, 2010 the Plaintiff City of Atlantic Beach filed a complaint in the County Court, in and for Duval County, Florida, against Hartson Hector and Valda Hector, et. al., seeking to foreclose liens on their co-owned real property located in Duval County. At all times material hereto, the co-owner Hartson Hector was on active duty with the U.S. Navy. The basis of the action was to foreclose certain Code Enforcement liens pursuant to Chapter 162, Fla. Stat. On November 10, 2010 a response was filed which denied that (1) $4,248.47 was owed; (2)that the Defendants had received any notices or were properly notified of all actions taken by the Plaintiff; and (3) denied that Plaintiff had performed all conditions precedent to filing said action. On December 8, 2011 the Plaintiff filed a Motion for Summary Judgment. On January 9, 2012 the Defendants filed a Response in Opposition to the Motion for Summary Judgment again raising the issues of non-compliance with Chapter 162, Fla. Stat. and lack of service of notices. A bench trial was held without a court reporter and on January 19, 2012 the Court entered a Summary Final Judgment of Foreclosure in favor of the Plaintiff which found that there were no material issues of fact or law and awarded damages 1 and foreclosure of the Defendants' home. On February 27, 2012 the Defendants established the eligibility of subject real property as homestead property, thus immune to foreclosure. 2 SUMMARY OF THE ARGUMENT This appeal is taken on the issue of Summary Final Judgment of Foreclosure in that at the time of the entry there were material issues of fact or law that had beep, properly raised. Accordingly, the issue of Summary Judgment should never have been filed, but having been filed, Summary Judgment should have been denied. In their answer to Plaintiffs complaint the Defendants denied that they had been provided notices in accordance with Chapter 162, Fla. Stat. and further denied that Plaintiff performed all conditions precedent prior to bringing this action. In Defendants' Response in Opposition to the Motion for Summary Judgment, the Defendants cited the Plaintiffs almost total failure to comply with Chapter 162, Fla. Stat. and with the failure to give proper notices. Reviewing Section One, Claims of Lien, it would appear that the end result of each claim is an allegation that money is owed. For example, the first Claim alleges violation of four sections of the Code, none of which are punitive in nature or in this scenario, but result in the statement that the owners"have failed to make the required payments toward this obligation" without identification of the source of any obligation. As with this and all subsequent Liens,the Plaintiff alleges proper notice having been given, but this has been denied. 3 The second Claim of Lien claims the Defendant Valda G. Hector alone failed to make payments concerning an obligation incurred in connection with tree removal permit procedures. The Ordinance cited does not have any language about a financii.l, obligation. This Claim of Lien and all subsequent Claims were initiated by the City Manager, not heard by the Code Enforcement Board and were filed while the co- owner Hartson Hector was on active duty with the U.S. Navy and not named or served. The third and fourth Claims of Lien complain that Valda Hector, one of the co- owners, alone violated a weed abatement ordinance. This Claim contains most of the defects of the previous Claims as does the final Claim of Lien dated May 15, 2008. 4 ARGUMENT SECTION ONE CLAIMS OF LIEN The five claims of lien on which the monetary judgment is based are void from, a procedural and substantive point of view. The entry of Summary Judgment herein was in error in that there were material issues of fact and law which had been raised and not responded to or resolved. The Plaintiff purports to base its claim on five claims of lien which are defective for the following reasons: CLAIM OF LIEN DATED SEPTEMBER 17, 2003 The claim of lien dated September 17,2003 executed without an oath by James K. Hanson as City Manager is based on Chapter 6 Section 6-16 of the Code of Ordinances of the City of Atlantic Beach. This Claim of Lien names Valda Hector and Hartson Hector as the property owners. Hartson Hector was on full time active duty with the U.S. Navy during these entire proceedings and until he retired in the year 2009. A complete copy of Section 6-16 of the Atlantic Beach Code is attached hereto as Exhibit "1" and by reference incorporated herein. Subject Section 6-16 pertains only to the adoption of Florida building code and it is inconceivable that these home owners could have violated the adoption of the Florida building code to the extent that they have a financial obligation to the city that warrants the issuance 5 of a claim of lien. The next section cited in subject claim of lien is Chapter 24, Section 24- 151(b)(1)(h). A copy of subject ordinance is attached hereto as Exhibit "2". A, reading of the subsection cited reveals that a "home office (but not a home occupation)" is a permissible accessory use and structure. The next section cited is Chapter 24, Section 24-104(e)(2)(Exhibit"3")which reads as follows: The minimum yard requirements in the RS 1 zoning district shall be "(2) Rear Yard Twenty (20) Feet." Since there have never been either a home office or rear yard violation alleged or complained of, it would appear that these two sections have not been violated. In fact,any non-compliance with the back yard was either"grandfathered" in before that section was effective or waived when the building permit for the structure was issued in 1961. Chapter 24 Section 24-49(8) is the next violation cited. (Exhibit 4). Section 24-49(8) concerns appeals of administrative decisions which do not have any effect on these proceedings. Further, there is no subsection (8) in Section 24-49. A hearing on this claim was held before the Code Enforcement Board on September 17, 2003 and the Claim of Lien was issued against both owners. It is beyond comprehension why the unfounded allegation of violation of the above- 6 mentioned sections of the City Code have generated a situation where the Defendants should "make the required payments toward this obligation" whatever that is? CLAIM OF LIEN DATED JUNE 22, 2006 Claim of Lien dated June 22, 2006 executed without oath by James K. Hanson in his capacity as City Manager. At the outset it should be noted that this Claim of Lien was executed by the City Manager without having been brought before the Code Enforcement Board as the previous Claim of Lien had been in accordance with §162.06, Fla. Stat. This further suggests an inquiry as to the compliance by the Plaintiff with Chapter 162. Reviewing the subject claim of lien, it appears that the Plaintiff claims Mrs. Hector, one of the two owners, alone violated Chapter 23, Section 23 of the Code of Ordinances of the City of Atlantic Beach, Florida (Exhibit 5). A reading of subject document which is attached hereto indicates that Section 23- 23 covers only the process for applying for a tree removal permit and does not have any language concerning any payments that might be required for compliance or penalties for non-compliance. There is nothing of record to show that Mrs. Hector ever attempted to apply for a tree removal permit or to have a tree removed from her property. It is unclear where need arises "to make the required payments towards their obligation." Therefore, since the issuance of a tree removal permit is not at issue, this claim of lien is void. Further, the fact that Hartson Hector, as an owner, 7 was not included in this claim of lien voids the claim of lien ab initio in that you cannot initiate an action against two owners by filing a claim against only one owner. Myers v. Hawkins, 136 So. 382 (Fla. July 28, 1921). See also Marson v. Comisky, 341 So. 2d. 1040 (4 DCA 1977). This Claim of Lien is therefore of no effect and is void for each of the several reasons cited above. THIRD AND FOURTH CLAIMS OF LIEN DATED JULY 11, 2007 AND AUGUST 9, 2007 The Claim of Lien issued on July 11, 2007 and the Claim of Lien issued on August 9, 2007 both claim violations of Section 12-1(b)(11) (Exhibit 6) of the Code concerning vegetation height. These Claims of Lien were not generated by the Code Enforcement Board but were executed by James K. Hanson as City Manager without oath. A review of Section 12-1(b)(11)shows that it limits vegetation height to twelve inches but does not claim any "required payments towards this obligation." Again the City Manager has initiated these Claims of Lien without going through the Code Enforcement Board. A further review of these Claims of Lien and all subsequent Claims of Lien reveals that they do not contain a modified version at the top of the first page in all capital letters and double-spaced, the warning which is mandatory under §713.07, 8 Fla. Stat. as modified effective July 1, 2007. In addition the Plaintiff has again failed to name or serve Hartson Hector,while on active duty with the U.S. Navy, the co-owner with Valda Hector. (See Myers T.' Hawkins (supra). For this reason and others cited above, these Claims of Lien are void. FIFTH CLAIM OF LIEN MAY 15, 2008 The Claim of Lien issued on May 15, 2008 has four of the defects set out as issues in the third and fourth Claims of Lien in that it does not have the mandatory warning, is based on unauthorized activities by the City Manager in place of the Code Enforcement Board and does not name Hartson Hector, on active duty in the U.S. Navy, and as one of the owners. For each of these reasons alone, this Claim of Lien is also void. 9 ARGUMENT SECTION TWO COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES The issue of compliance with Chapter 162, Fla. Statutes is specific as to what, the Plaintiff should have accomplished prior to initiating and during this action. For example, §162.13, Fla. Stat. provides that a municipality may provide an additional or supplemental means of obtaining compliance with local codes in order to enforce F.S. 162. The Plaintiff has accomplished the establishment of a Code Enforcement Board to effect, among other ordinances, F.S. 162. (City of Atlantic Beach, Florida, Code of Ordinances Part II, Chapter 2,Administrative Article V Boards and Commissions, Division 2, Code Enforcement Board.) (Hereinafter referred to as "Atl Bch II, 2") This ordinance specifically limits jurisdiction of the Board to Chapter 162, Part 1, Florida Statutes, Atl Bch II, 2, Sec 2-146(a)(4)thus requiring the Plaintiff to comply solely with Part 1 of Chapter 162 rather than establishing local laws, ordinances and procedures to take advantage of§162.13, Fla. Stat. It would appear that Chapter 162, Fla. Stat. Part I was complied with on the first Claim of Lien here involved, dated January 8, 2004. Two and one-half years later, the Plaintiff, in enacting the second Claim of Lien and all subsequent Claims of Lien, appears to have abandoned compliance with Chapter 162,Fla. Sta. in that the 10 existing Code Enforcement Board was not involved. Rather, the City Manager, not in any designated capacity under Chapter 162,Fla. Stat.but as City Manager,initiated each Claim of Lien. Chapter 162 Part I permits any person in the county whose duty is to enforce codes and ordinances enacted by the municipality to be designated as a "Code Enforcement Officer" but does not permit a Code Enforcement Officer to take the place of the Code Enforcement Board. Further, nowhere does it show that the City Manager was designated as Code Enforcement Officer nor does he claim or indicate that he was so designated. In fact, all his activities in connection with the second and all subsequent liens was in his capacity as City Manager only, in clear violation of Atl Bch II, 2,Sec. 2- 147(a)(3) which makes it mandatory that the code inspector "shall notify the board and request a hearing" if a violation should continue. The issue of lack of notices to the homeowners in this case was raised in the Plaintiff's complaint in paragraph 6 and denied in Defendants' answer in paragraph 3. The issue of notices was again raised by Defendants in their Response in Opposition to the Motion for Summary Judgment. §162.02(2), Fla. Stat. requires that at least two notices to owner be given, the first when a violation of the Code is found, and the second when the Code Enforcement sets a hearing on the violation. §162.12, Fla. Stat. is clear on the 11 procedures to be followed for notices and the requirements for proof of compliance. At no time did the Plaintiff take any action or file any evidence or documentation to show that it had complied with the issue of notice requirements.. as required by §162.12, Fla. Stat. or by At. Bch II, 2, Sec. 2-147(a)(d). All of the discrepancies on the second and subsequent liens set out in Section One of this Brief are sworn to or affirmed without oath by the City Manager acting alone and not in compliance with Chapter 162, Fla. Stat. as alleged in the complaint. Except for the first Claim of Lien, the filing of this petition was illegal. Since the Plaintiff did not follow the Statutes here involved in the use of the established Code Enforcement Board and failed to give the notice required both by F.S. 162.1 and City of Atlantic Beach Ordinance Div. 2, Code Enforcement Board procedures, it must be concluded that the Plaintiff has abandoned all attempts to comply with any portion of the above-cited statute and ordinance and therefore has jeopardized its entitlement to proceed on these Claims of Lien which would have a life of twenty years under Chapter 162. In the event it is determined that there has been a complete abandonment of any procedures under Chapter 162 or of the local government code, then the life of the Claims of Lien would be limited to twelve months under §85.051, Fla. Stat. and this entire action would therefore be void and of no force and effect. 12 ARGUMENT SECTION THREE SERVICEMEMBERS' CIVIL RELIEF ACT The Plaintiff violated the Servicemembers' Civil Relief Act in that four of the five liens were issued without naming or serving Hartson Hector with any notices. Mr. Hector served twenty years on active duty with the U.S. Navy from 1998 until the year 2009. During the period January, 2005 until March, 2008 Mr. Hector was stationed outside the continental United States. This action commenced in 2003 and the lien proceeding ended on May 15, 2008. During this time five hearings were supposed to have been heard before the Code Enforcement Board to establish the Claims of Lien sued on herein. Mr. Hector could have been served with all ten notices or citations which should have been issued. If a person is on active duty with the military he can always be served with papers and failure to do so is a violation of the Servicemembers' Civil Rights Act and voids any civil action against him. 13 ARGUMENT SECTION FOUR FORECLOSURE The Court-ordered foreclosure sale of the marital home and the home has been, temporarily stayed. A Declaration of Homestead has been filed herein(Exhibit 7), accordingly the property is protected from foreclosure. Schaller v. Balk, 708 So.2d. 289 (2 DCA 1988). The home has been declared to be eligible for Ad Valorem Tax Exemptions as homestead property on February 27, 2012. (Exhibit 7). §162.09, Fla. Stat. is titled "Administrative, Costs of Repair; Liens - " and in §162.09(3), Fla. Stat. it covers enforcement of liens. Most pertinent to this foreclosure action is the following statement concerning liens: "No lien created pursuant to the provisions of this part may be foreclosed on real property which is homestead under Article X, Section 4, Fla. Constitution." Under the Florida Constitution Article X §4(2)(1), homestead property is exempt from foreclosure sale for collection purposes except in limited circumstances and this action by the City of Atlantic Beach does not come within the expressed limited circumstances. Accordingly, the foregoing sale is contrary to the Florida Constitution and must be stricken from these proceedings. 14 CONCLUSION The actions of the Plaintiff in January,2004 appear to show an intent to use the foreclosures in Chapter 162, Fla. Stat. To enforce Claims of Lien. Two and one-half years later there does not appear to be any trace of Chapter 162, Fla. Stat. in the activities of the Plaintiff set out in this lawsuit, hence those four liens must be regarded as 12-month liens. As to the first lien, the Ordinances cited speak for themselves, but not loud or clear enough to raise any financial obligation from the Defendants. Other fatal defects by the Plaintiff are the co-owner being improperly singled out and named as a defendant, the other co-owner on active duty in the U.S. Navy and not served, the attempt to continue foreclosure on an exempt homestead and the lack of filing of necessary documents in rebuttal throughout all together mitigates against any relief for the Plaintiff and sustains an award of attorneys fees for the Defendant. 15 3 i CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to Alan C. Jensen, Esq., 935 N. Third Street, Jacksonville Beach, FL 32250, by U.S. Mail this '3 ( day of May, 2012. /// W. K. LALLY, E Q. W. K. LALLY, P.A. Florida Bar No. 142804 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants 16 CERTIFICATE OF COMPLIANCE I hereby certify that I have complied with Fla. R. App. P. 9.210 in the preparation of Appellant's Initial Brief. W. K. LALLY, P.A. ik41 W. K. LALLY Florida Bar No. 142804 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants 17 IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA APPEAL NO: 16-2012-AP-000016 DIVISION: CR-E HARTSON G. HECTOR and VALDA G. HECTOR, Defendants/Appellants, vs. THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff/Appellee. APPENDIX TO INITIAL BRIEF OF APPELLANTS W. K. LALLY, ESQ. W. K. LALLY, P.A. 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 APPENDIX 1. Summary Final Judgment of Foreclosure 2. Chapter 6, Section 6-15, Code of Ordinances of the City of Atlantic Beach 3. Chapter 24, Section 24-151, Code of Ordinances of the City of Atlantic Beach 4. Chapter 24. Section 24-104, Code of Ordinances of the City of Atlantic Beach 5. Chapter 24, Section 24-49, Code of Ordinances of the City of Atlantic Beach 6. Chapter 23, Section 23-23, Code of Ordinances of the City of Atlantic Beach 7. Chapter 12, Section 12, Code of Ordinances of the City of Atlantic Beach 8. Original Application fo Ad Valorem Tax Exemption Doc # 2012014030, OR BK 15828 Page 2373, Number Pages: 6, Recorded 01/23/2012 09:40 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00 IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY,FLORIDA CASE NO.: 16-2010-CC-7185 DIVTSION: K THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. FF-1 LED HARTSON G.HECTOR and VALDA D.HECTOR, J JAN 2 0 2012 his wife,SOURCE ONE MORTGAGE CORPORATION, a foreign corporation,and JOHN DOE and JANE DOE, rr C,Uk7 as unknown tenants in possession, Defendants. • SUMMARY FINAL JUDGMENT OF FORECLOSURE THIS ACTION came before the Court on Plaintiff's Motion For Summary Final Judgment of Foreclosure and the Court.based upon the state of the record at the time of the hearing,finds that there is no material issue of fact or law and grants Plaintiff's motion. It is therefore ORDERED AND ADJUDGED: I. JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: This Court has.jurisdiction over foreclosure cases pursuant to Florida Statutes. Service of process has been secured upon Defendants Hanson G.Hector and Valda D.Hector. . 2. THE DEBTS AND ITS VALIDITY: Plaintiff holds a lien for the total sum of this Final Judgment which is superior, prior and paramount to the right, title. interest, claims, liens, encumbrances and equities of the following Defendants: HARTSON G. HECTOR and VALDA D. HECTOR, and all persons claiming any interest since the filing of the Lis Pendens on the following real property: Lot 2, Block 24, REPLAT OF PART OF ROYAL PALMS, UNIT TWO A, according to plat thereof as recorded in Plat Book 16, pages 16A through 16D,of the current public records of Duval County.Florida. OR BK 15828 PAGE 2374 3. PLAINTIFF'S LIEN ON PROPERTY AND SUPERIORITY: From the Affidavits in the file and the uncontested allegations of the Complaint,the correct legal description of the property is as shown above. Plaintiff has a lien upon said real property and such lien and security interests are prior,paramount and superior to the right,title,interest,claims, liens,encumbrances and equities of the Defendants Hartson G.Hector and Valda D.Hector,and all persons claiming any interest since the filing of the Lis Pendens in the property described above. THIS JUDGMENT IS AGAINST HARTSON G. HECTOR AND VALDA D. HECTOR AS RECORD TITLE OWNERS OF THE REAL PROPERTY HEREIN DESCRIBED. 4. DAMAGES: There is now due and owing to Plaintiff on the liens sued upon herein,the following sums of money,to-wit: (a) Principal: $4,248.47 (b) Interest: 1,557.60 (10%from 5/15/08,date of last Claim of Lien,to 1/19/12 at$35.40 per month) (c) Court costs: 645.00 TOTAL: $6,451.07 5. ADDITIONAL COSTS AND ADVANCES: (a) Any third party bidder is responsible for paying the registry fee and documentary stamps. The clerk shall compute the registry fee and documentary stamps and collect said amounts from the third party bidder. Also,additional advances made by Plaintiff such as real estate taxes, insurance,and superior mortgagee payments may be added upon filing of an affidavit listing them. Any such amount will be added to the total hid. (b) Additionally, the total sum due Plaintiff shall include publication of notice of sale costs, interest at the legal rate per Section 55.03, Florida Statutes, from the date of this Final Judgment to the date of sale. Said interest shall be applied in accordance with paragraph 4 above. 6. CLERK'S SALE: (a) Directions to Sell: Unless Defendants shall,at any time prior to the sale of the real estate and other property and fixtures heretofore described,pay to Plaintiff or its attorneys,the total sums found to be due Plaintiff,then said property shall be sold by the Clerk of Court to the highest bidder for cash at public sale, free and clear of all right, title, interest, claim, lien, encumbrance, 2 OR BK 15828 PAGE 2375 remainder, reversion, homestead, dower or equity of redemption whatsoever of the Defendants Hartson G. Hector and Valda D. Hector named herein, and all persons, firms or corporations claiming interest in said property subsequent to the filing of the Notice of Lis Pendens. If subsequent to the date of Plaintiff's Affidavit of Indebtedness and prior to the foreclosure sale, Plaintiff shall be required to advance any monies to protect its mortgage lien, then Plaintiff or its attorneys shall so certify to the Clerk of this Court,and the amount found due to Plaintiff shall be increased by the amount of such advances without further order of the Court. (b) Date: Said sale date by the Clerk of Court at the northeastern most Bay Street entrance of the Duval County Courthouse in Jacksonville, Florida, on ?77a4.8 2012,at 11:00 a.m.,after the publication of notice thereof as required by Section 45.031. Florida Statutes, and promptly after such sale the Clerk shall complete and file a Certificate of Sale. If Plaintiff is the successful bidder at foreclosure sale, it has the right to assign its bid by filing an Assignment of Bid form naming the party to which the bid has been assigned. The Clerk of the Circuit Court is to issue the Certificate of Title in accordance with Plaintiff's Assignment of Bid without further order of the Court. (c) Plaintiff's Bid Rights: Plaintiff is hereby given leave to bid at said sale and to apply against any bid made by them the amount found to be due Plaintiff in this Final Judgment. Section 45.031(2),Florida Statutes,requires that the high bidder post with the Clerk a deposit equal to five percent(5%)of the final bid. However, if Plaintiff or its assignee is the successful bidder, they are excluded from the deposit requirement. In the event that the successful bidder fails to place the requisite deposit in accordance with Florida Statutes with the Clerk, said bid is void. Additionally, if the final payment is not made within the prescribed period, the Clerk shall readvertise the sale and pay all costs of the sale from the deposit in accordance with Florida Statutes. Any remaining funds shall be applied towards the judgment. Said sale can be made subject to the interest of Defendant Source One Mortgage Corporation, a foreign corporation, or its successors or assigns, pursuant to a mortgage recorded at O.R.9312,page 750,and an assignment of said mortgage recorded at O.R.9312, page 761,all of the current public records of Duval County,Florida. (d) Clerk's Reimbursement: Out of the proceeds arising from the sale,the Clerk shall retain its fee,then shall pay to the attorneys for Plaintiff the court costs allowed by this Court in this judgment, and this shall be in a separate check made payable to Alan C. Jensen, Esquire, and mailed to Post Office Box 50457,Jacksonville Beach, Florida 32240. From the remainder of the proceeds,as far as they shall apply in satisfying the Plaintiff's remaining sum due,the Clerk is to send its check to Alan C.Jensen,Esquire,at the above address,and payable to Plaintiff. (e) Surplus Funds: If this property is sold at public auction, there may be additional money from the sale after payment of persons who are entitled to be paid from the sale proceeds pursuant to this Final Judgment. If said real property and other property shall sell for more than enough to pay Plaintiff all sums due them, then the Clerk shall report any surplus proceeds to this Court. The Clerk of Court shall hold the surplus in the registry of the court. Thereafter, upon motion and notice of hearing to all parties,even those defaulted, the Court will 3 OR BK 15829 PAGE 2376 • adjudicate the rights thereto according to law and equity. General Bank vs.Westbrook Pointe.Inc., 548 So.2d 736(Fla 3rd DCA 1989). Subordinate lienholders claiming a right to funds remaining after the sale must file a claim with the Clerk no later than sixty(60)days after the sale. If a subordinate lienholder fails to file a claim,said lienholder will not he entitled to any remaining funds. If you are the property owner,you may claim these funds yourself. You are not required to have a lawyer or any other representation and you do not have to assign your rights to anyone else in order for you to claim any money to which you are entitled. Please check with the Clerk of the Court,Jim Fuller,Duval County Clerk of Court,Duval County Courthouse, Attn: Circuit Civil, 330 East Bay Street, Jacksonville, Florida 32202, within ten (10) days after the sale to see if there is additional money from the foreclosure sale that the Clerk has in the registry of the court. If you decide to sell your home or hire someone to help you claim the additional money,you should read very carefully all papers you are required to sign,ask someone else, preferably an attorney who is not related to the person offering to help you, to make sure that you understand what you are signing and that you are not transferring your property or the equity in your property without the proper information. If you cannot afford to pay an attorney, you may contact the Jacksonville Area Legal Aid at (904) 356-8371 to see if you qualify financially for their services. If they cannot assist you,they may be able to refer you to a local bar referral agency or suggest other options. If you choose to contact the Jacksonville Area Legal Aid for assistance,you should do so as soon as possible after receipt of this notice. (t) Presence of Plaintiff at Sale: The said sale shall not take place unless a representative of Plaintiff is present. If there is no representative,then the sale shall be cancelled by the Clerk. Plaintiffs attorney shall secure a new sale date. If a sale shall take place,it shall be null and void and no documents issued by the Clerk, except to inform this Court of what may have occurred. (g) Right of Redemption: The right of redemption of any Defendant other than the United States of America is terminated upon the issuance of the Certificate of Sale by the Clerk of Court pursuant to the provisions of Florida Statutes Chapter 45. If the United States of America is a defendant,it shall be accorded its right of redemption pursuant to 28 U.S.C.Sec.2410(c),from the date of the foreclosure sale. 7. TITLE TO SUCCESSFUL BIDDER: If no objections to said sale are filed in this proceeding within ten(10)days from the filing of the Certificate of Sale, the Clerk shall forthwith complete and file a Certificate of Title as prescribed by law,after which the sale of the real estate and other property and fixtures shall stand confirmed as certified by the Clerk. Title shall pass fully and completely to the purchaser named in the Certificate of Title free and clear of any right, title, interest, estate, claim or other equity of 4 • OR BK 15828 PAGE 2377 • Defendants or any other person claiming by, through or under them, or any person claiming an interest in said real estate or other property and fixtures herein ordered to be sold shall stand confirmed as certified by the Clerk. Title to the real estate and other properties sold shall pass fully and completely to the purchaser named in the Certificate of Title,free and clear of any right,title, interest, estate, claim or other equity of Defendants or any other person claiming by, through and under them,or any person claiming any interest in said real estate or other property and fixtures since the filing of the Notice of Lis Pendens herein. Plaintiff,if successful bidder at the foreclosure sale, may assign its bid by filing a Notice of Assignment and the Clerk of Court shall issue the Certificate of Title to said assignee without further order of the Court. (a) Certificate of Title: On filing the Certificate of Title, Defendants Hartson G. Hector and Valda D. Hector in this action, and all persons claiming under or against said Defendants since the filing of the Lis Pendens shall be foreclosed of all estate or claim in the real property and the purchaser at the sale shall be let into possession of the property. 8. WRITS OF POSSESSION ISSUANCE: If Plaintiff is the purchaser at the sale, Plaintiff, its heirs, representatives, successors or assigns shall be placed in immediate possession of the aforedescribed premises. In the event the Defendants fail to vacate said premises within ten(10)days of the date of the foreclosure sale as provided above,the Clerk of Court is directed to issue a Writ of Possession to Plaintiff forthwith and without further Order from this Court for the premises located at 387 Skate Road, Atlantic Beach,Florida 32233. 9. COMPLIANCE WITH FLORIDA STATUTES CHAPTER 55: Pursuant to Florida Statutes Chapter 55,the following is the address of Plaintiff: 800 Seminole Road,Atlantic Beach,FL 32233 10. RETENTION OF JURISDICTION: This Court retains jurisdiction for the purpose of making any further orders and judgments as may be necessary and appropriate herein,including,but not limited to,all claims for deficiencies. 43, DONE AND ORDERED at Jacksonville, Duval County, Florida, this I / day of January,2012. 'A /I SHARON • ER,COUNTY JUDGE 5 OR BK 15828 PAGE 2378 Copies to: Alan C.Jensen,Esquire P.0.Box 50457 Jacksonville Beach,FL 32240 Attorney for Plaintiff W.K.Lally,Esquire 6160 Arlington Expressway Jacksonville,FL 32211 D ills Attorney for DefendanHartson G.Hector 4144- ��,U daD.H 198 venue 13 ivrutucoae Page 2 of 20 Sec. 6-16. -Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties,that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition, of which not less than three(3)copies have been and are now filed in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Cad No 25-02-32 $2. 11-'11-02'0,0. No 25-08-38 $ 1.A(1) 2-25-0R, Sec. 6-17. - Same—Amendments. Exhibit 1 A. • i✓ay.. •. L-•a- 11.+ 1111111 1\LvVL1711V1Vi,J rage i ix 1 Sec. 24-151. - Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set forth within this section,where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district.Any permanently located structure, including porches, decks and deck railings and the like,which exceed thirty(30) inches in height, also including those which may not require a building permit, are subject to applicable yard requirements unless otherwise provided for within this section.Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon order of the city, and shall become subject to code enforcement action for failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e.,four (4) days. (b) Accessory uses and structures by zoning district.Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) Within all residential zoning districts: a. Antenna structures for television and radio, but not microwave relay or commercial transmission structures,television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one(1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment provided such shall not be permanently located within required front yards. c. Guest house or guest quarters provided that such are used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence.A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit.A detached guest house shall not exceed the number of buildings allowed on a lot as set forth within subsection 24-82(b). d. Detached private garages, carports, guest house or guest quarters, not to exceed six hundred (600) square feet of lot area and fifteen (15)feet in height, except in accordance with section 24-88 or the provisions of the following paragraph. Only one(1)detached private garage, carport, guest house or guest quarters shall be allowed on any single residential lot, and shall be a minimum distance of five (5)feet from rear and side lot lines. Such detached structures exceeding six hundred (600) square feet of lot area shall comply with applicable setbacks as established for the principal building. e. Detached private garages, not to exceed six hundred(600) square feet of lot area may be constructed to a height of twenty-five(25)feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10)feet from the rear lot line. f. Gazebos and similar structures, not to exceed one hundred fifty(150) square feet and twelve(12)feet in height and a minimum distance of five (5)feet from the rear and side lot lines. g. Private swimming pools in accordance with section 24-164 h. Home office (but not a home occupation). • i. Private ball courts and other similar private recreational uses. j. Skateboard, skating, bicycle or similar ramps,for Exhibit 2 http://library.municode.com/HTML/10377/leve14/PTIICOOR CH24LADERE_ARTIIIZO... 2/22/2012 rageior1 Sec. 24-104. - Residential, single-family—Large lot district (RS-l). (a) Intent.The RS-L zoning district is intended for development of low density single-family residential uses in areas where traditional established lot sizes are larger than those typically located throughout the City of Atlantic Beach.All development of land and parcels within the RS-L zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses.The uses permitted within the RS-I zoning district shall be: (1) Single-family dwellings. (2) Accessory uses(see section 24-151). (3) Government uses, buildings and facilities. (c) Uses-by-exception. Within the RS-I zoning district, the following uses-by-exception may be permitted. (1) Churches, subject to the provisions of section 24-153 (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159 (d) Minimum lot size. Existing legally established lots of record may exist, which do not meet the following lot width, depth or area requirements.These lots may be developed subject to all applicable land development regulations; however, all lots created after the February 27,2006 effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS-L zoning district shall be: (1) Minimum lot or site area:Ten thousand (10,000) square feet. (2) Minimum lot width: One hundred (100)feet. (3) Minimum lot depth: One hundred (100)feet. (e) Minimum yard requirements. The minimum yard requirements in the RS-I zoning district shall be: (1) Front yard:Twenty(20)feet. (2) Rear yard:Twenty(20)feet. (3) Side yard: Seven and one-half(7.5)feet. (f) Building restrictions. Additional building restrictions within the RS-I zoning district shall be: (1) Maximum impervious surface: Fifty(50) percent. (2) Maximum building height:Thirty-five(35)feet. (Ord.No.90-10-212,¢2(Exh.A),3-8-10) Sec. 24-105. - Residential, single-family district (RS-1). (a) Intent. The RS-1 zoning district are intended for development of density single-family residential areas. All development of land and parcels within the RS-1 zoning district shall comply with the residential density limitations as set forth within Exhibit 3 http://library.municode.com/HTML/10377/level4/PTIICOOR_CH24LADERE_ARTIIIZO... 2/22/2012 __ • _. is✓1.111,1V ll.l lllVl\ rage 1 oI 1 Sec. 24-49. - Appeals. Appeals of administrative decisions made by the community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions.Appeals shall be heard at public hearing within a reasonable period of time with proper public notice,as well as due notice to the interested parties.At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the community development director. Appeals of a decision of the community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty(30)days after rendition of the final order, requirement, decision or determination being appealed. The community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty(30) days after rendition of the final order, requirement, decision or determination being appealed.The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, specifying the grounds of the conflict or violation.The petition shall be presented to the city commission within thirty(30) days after the filing of the appeal with the city clerk. (c) Stay of work. An appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the designated administrative official shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. (Ord.No.90-10-212,&2(Exh.A),3-8-10) Sec. 24-50. - Vested rights. (a) Determination of vested rights Exhibit 4 http://library.municode.com/HTML/10377/leve14/PTIICOOR CH24LADERE ARTIIIZO... 2/22/2012 • Sec. 23-23. - Permits procedures. (a) Application required.The applicant for a tree removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with this chapter. If the applicant is not the property owner, proper owner's authorization shall also be required. (1) Existing lots or parcels.When a tree or vegetation removal permit is required, applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel. (2) New or re-platted subdivisions.Applications for tree or vegetation removal that will be part of a new subdivision plat or a re-plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process.Trees to be protected shall be noted on the final subdivision plat, and subsequent applications for individual lots or parcels shall be consistent with the approved final subdivision plat, or application for a new tree removal permit shall be required. (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. (b) Sufficiency review of applications. Upon receipt of the application and appropriate fee,the administrator shall conduct a preliminary review within five(5) business days to determine that all required information has been submitted and is sufficient for review purposes.The administrator may refer the application to other city department(s)or a qualified professional consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. The applicant shall be notified of any deficient items. Upon submittal of deficient or missing information,the administrator shall again review the application. If the requested information has not been provided or is insufficient,the applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient. However, an application shall be deemed abandoned thirty(30)days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit the deficient or missing information.The administrator may, upon written request and justification by the applicant, grant not more than one(1) 30-day extension. At the expiration of the extension,the application shall automatically become null and void. (c) Review by other agencies.At the discretion of the administrator, relative to the environmental sensitivity of the site, appropriate written sign-offs, permits or consents from the agencies listed below which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from sites contiguous to or containing environmentally sensitive areas or lands.The applicant shall obtain this information and submit the agencies'written verification to the city: http://]4bcary.municode.com/print.aspx?clientlD=103 77&HTMRequest=http%3 a%2f%2fli... 1/17/2012 Exhibit 5a (1) Army Corp of Engineers(ACOS); (2) Saint Johns River Water Management District(SJRWMD); (3) Florida Department of Environmental Protection (FDEP); (4) Any other applicable governmental agencies extending jurisdictional controls over the site. (d) Compliance review and approval of applications. Applications will be reviewed and tree or vegetation removal permits will be issued in accordance with the following: (1) Time for review. Once an application has been deemed sufficient,the administrator shall conduct a full compliance review of the application and approve, approve with conditions or deny the application with seven (7) business days. (2) Standards for review.The administrator shall consider the following in making a determination of • compliance with the provisions of this chapter. a. Necessity to remove trees which pose a safety hazard, as determined by the director of public works,to pedestrian or vehicular traffic, or threaten to cause disruption to public services or result in a significant obstacle to accessing and utilizing public easements and rights-of-way. b. Necessity to remove trees which pose a threat to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or trees with severe structural defects that pose a safety hazard to people, buildings, or other improvements on a lot or parcel of land. d. Necessity to remove trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property. e. Existence of any adverse site conditions which may affect the implementation of the provisions of this chapter. (e) Expiration of permits. Upon approval of the application by the administrator, the permit shall be issued. Work pursuant to the permit shall commence within twelve(12) months of the date of issuance, or the permit shall expire. (f) Content of permits.The permit shall be issued in such form as may be prescribed by the administrator and shall set forth in detail the conditions upon which the permit is granted and specifically identify which land areas shall be cleared and/or which trees shall be permitted to be removed. One(1) permit may cover several trees or groups of trees as long as the trees or groups of trees can be clearly identified thereon; provided, however,no permit may be issued for more than one(1) lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one another and considered as one(1)parcel for the purpose of development. (g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of the property by the applicant promptly after issuance. The permit shall remain posted on the property during all applicable tree and vegetation removal activity and until final inspection by the city. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all times. (h) Amendment of permits. Requests for minor changes to approved plans shall be made as an amendment to the applicable permit, and shall require payment of an administrative processing fee. Additional information submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this chapter.All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a permit shall not automatically extend the expiration date. Substantial changes, including significant increases in the number of trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new permit application and fee. (i) Revocation of permits. (1) By administrator. The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providing the permittee opportunity to respond to the notice, in either of the following circumstances: a. The administrator finds that the permittee has continued with any development activity on a site for which a permit was issued,while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this chapter, except for specified remedial work required to bring the violation into compliance with the approved permit; or b. If the administrator finds that the approval of the permit was based on incorrect information furnished by the applicant for the permit. Based upon such finding, however, the administrator may make reasonably necessary accommodations to the conditions of a permit in lieu of revoking it. (2) Discontinuance of work. Revocation of a permit may also result in a stop work order in accordance http://library.municode.com/print.aspx?clientID-F1' M4ATMRequest=http%3a%2f"02fli... 1/17/2012 1Y11.111Il4JUG Page 12 of 20 • with section 23-48 (Ord. No. 95-10-101, 2(Exh.A). 2-22-10) Sec. 23-24. - Inspections and site preparation. Exhibit 5c Atlantic Beach, Florida, Code of Ordinances :>> PART II - CODE OF ORDINANCES >> Chapter 12 - NUISANCES >= Chapter 12 - NUISANCES f321 Sec. 12-1. - Enumeration. Sec. 12-2.- Notices. hearings. abatement of conditions. Sec. 12-3. - Reserved. Sec. 12-1. - Enumeration. (a) It shall be unlawful for any person or business,to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, 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 indications 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 carcass 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 be collected, deposited or remain on or in any public or private property, house or building, sewer, or gutter, any filth, or rubbish of any kind. (3) For any person to allow, suffer or permit any lot, premises, or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing of filth or rubbish of any kind. (4) For any person to allow, suffer or permit stagnant water to accumulate either above or below the ground, or to allow the propagation of mosquitoes therein. (5) For any person to keep, herd, and feed any large animals such as but not limited to hogs, horses, and goats or any small animals in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) For any person not to post, secure, or safeguard any hazardous condition 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, construction sites, as well as structurally unsound fences or structures. (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 or inoperable motor vehicles, refrigerators or other appliances, household furniture, glass, building material, building rubbish, or similar items. (8) For any person to allow, suffer or permit any building or structure which, by storm damage,fire, decay or other cause to become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested so that it creates a hazard to the health or safety of the occupants or the public. (9) For any business owning shopping carts to allow such carts to be removed from its premises unless a written policy is 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 brought to the attention of the owner by way of complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt, debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants, shrubs, or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20)feet of any occupied residential property, business property, or city right-of-way. (12) 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. (13) For any person to allow a building or structure to be partially demolished or partially constructed, and to then allow such condition to exist,without any demolition or construction activity,for a period of six (6) months. a. The owner of any such property may request an extension of a city-issued demolition or building permit from the building official.The decision of the building official may be http://library.municode.com/print.aspx?clientlD=103 77&HTMRequest=http%3 a%2f%2flib... 1/5/2012 Exhibit 6a Mtuucode Page 2 of 3 appealed to the city commission by written request within twenty(20) days of the decision. b. When any demolition project is completed according to a city-issued permit which results in partially demolished buildings or structures remaining,then in that event the owner must commence construction/rebuilding activities within six (6) months of completion of the demolition. c. Any partially demolished or partially constructed building or structure that remains for six (6) months without any activity(activity shall mean passing at least one city construction inspection) is hereby deemed to be an eyesore, creating a situation or condition that adversely affects the aesthetic appeal of the city, and shall therefore constitute a nuisance subject to the requirements of this chapter.Any action taken by the city pursuant to this chapter against any such property shall be for the purpose of protecting the appearance and public health of the city. (14) Nuisances. a. Animals shall not be kept on property in a manner that causes any one (1) or more of the following: creates unsanitary conditions; is a source of infestation by insects or rodents; creates physical conditions that endanger the health or safety of humans, that are detrimental to property values, or that tend to degrade the appearance of a neighborhood. b. Whenever an animal defecates upon any property not owned, leased, rented, or otherwise in the care, custody or control of the animal's owner, the animal's owner shall immediately remove and properly dispose of feces.The only exception is by permission of the property owner. c. An owner shall remove and properly dispose of feces and other animal wastes on owner's property so as to avoid noxious and nauseous odors that are irritating, annoying or offensive to a person of normal sensibilities; or that are injurious to human, plant or animal life; or that reasonably interfere with the use and enjoyment of property. d. It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. For purposes of this section, "habitually"means at least two (2) separate occurrences within a time period of no more than one (1) month; except that barking habitually or making other objectionable animal noises habitually means making the sound persistently or continuously for at least thirty(30) minutes occurring at least three (3)separate times within a period of no more than thirty (30)days. `_)„(1 f\/O i '�!. c 1 3-22- 2 (_4cJ Ain c95-c"S'-43 , 9 7 .� raO ..4.-1 lA{O. ._l O;, 1 ;1 _ - _ -til, � 6-,5N Old N 5 )S 3$ 4 _- 2 Ooi Exhibit 6b - Original Application for Ad Valorem Tax Exemption DR 501 R. 12/08 Duval County, Florida RE#: 171670-0000 Tax Year: 2012 New X Change Additional Appit ant/Co-applicant Name and Address: Permanent Florida residency required as of HECTOR VALDA D January 1 387 SKATE RD Homestead exemption up to$50,000* X $500 Widow's exemption ATLANTIC BEACH, FL 32233-3819 $500 Widower's exemption Legal Description: $500 Disability exemption 31-16 38-2S-29E $500 Blind person's exemption R/P OF PT OF ROYAL PALMS UNIT 2 A $5,000 Disabled Veteran LOT 2 BLK 24 Total and permanent disability exemption-Quadraplegics" — Service connected total and permanent disability exemption** Exemption for disabled veterans confined to wheelchairs" —" Total and permanent disability exemption* Ownership Information *To apply for an additional homestead exemption enacted by local ordinance for persons age 65 and older you must file form DR-501SC. You must either Percent of ownership 100.00 Type of deed receive,or apply for,the regular homestead to get this additional homestead Recorded: Book 13136 Page 02293 exemption. If you have already received regular homestead exemption,you Date recorded 3/16/2006 Date of deed 3/10/2006 do not need to file another form DR-501.. "Documentation required Note:Disclosure of your social security number is mandatory. It is required by section 196.011(1),Florida Statutes "111e social security number will be used to verify taxpayer identity inlbmtation d homestead exemption information submitted to property appraisers. HECTOR VALDA D Social Security Number 129-62-1377 Marital status Divorced Where did you file for tax exemptions last year N/A N/A gar's address Proof of Residence for All owners Dive address of each owner not residing on property Date you last became a permanent resident of Florida Date of occupancy 12/31/2011 Florida driver license number H236864606320 10/2/2007 lorida vehicle tag number lorida voter registration number :if U.S.citizen) mmigration number Alien Card-if not a U.S. citizen) Declaration of domicile Date of Birth current Employer \ddress listed on your last IRS return authorize this agency to obtain information to determine my eligibility for the exemptions applied for. I qualify for the exemptions under Florida Statutes. am a permanent resident of the State of Florida and I own and occupy the property described above. I understand that section 196.131 (2), Florida Statutes )rovides that any person who knowingly gives false information to claim homestead exemption is guilty of a misdemeanor of the first degree, punishable by a erm of imprisonment up to 1 year, a fine up to$5,000 or both. Under penalties of perjury, I declare that I have read the foregoing application and the facts in it are true. NOTE: If all information is not received by March 1st,your application will be processed for whatever exemptions you qualify for on that date. Signature of applicant Signature of co-applicant --Signature of deputy February 27, 2012 (757)773-0601 jroper Date Phone number Entered by Exhibit 6c -7 F CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to Alan C. Jensen, Esq., 935 N. Third Street, Jacksonville Beach, FL 32250, by U.S. Mail this 3 / day of May, 2012. W. K. LALLY, ',SQ. W. K. LALLY, P.A. Florida Bar No. 142804 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 Attorney for Appellants H/Zs/l7 tia /-1C-c 1- , (Ai r.1-7.2s f j,.La-crt fax o�w?n,.1 C/o r-097 c v.,,,1 `S 7Ei+4) L4.)4 r (1c-7 O . T��,,} r ?vy 1-3oo Az-77 Do el-7., PO jai t l� 7y1,/l T,S -S/v.S 1 05 t-r 44-C-7 iTMdN7 / L/tY .4„-'-d-• C/�` S p i• ,p ict—.a &/y, c3 Ll 1:3 . ..pr Sum #S CI LA.-7 1-1c1-4 4/c/e J S K"ns /�-7L• y/2 Y Lsc ir«+ 4")/ A Pam<411 — 1 9‘, T Sdr,cv /r1- -'NA -_, �� /p Grp, 'A'.) i<�,Z.o �L>>Rc F:411 4 L,Ll...10 �� A �Li?L tic yo LA�...,.�s An J V/2. \f a Low irY 4494.)AdI 9A-1' fig Of n o� Fp1iD i „C� s f Hanson, Jim Subject: A. Jensen Start: Thu 4/5/2012 9:00 AM End: Thu 4/5/2012 10:00 AM Recurrence: (none) Commission Meeting April 9, 2012 ,' • 6B; BMRC Resolution; review current resolution concerning appointments made by Mayor subject to concurrence of commission/note Comm.Woods' request for 2nd commissioner to be member w/rotating appointment • 8A; UBE for truck leasing business; attach additional condition to require compliance w/landscaping regulations?Sec.24-176) .) • 8C; HVAC award; Note changes to previous commission decision on award, but no requisition issued to vendor ovj cr7� • 9;City Manager's report; receipt of claim for auto accident; claim for"loss of consortium" made? Other Items J < c2u``n` J - L" .\/-1''C''��e • Legality of prohibiting certain businesses through Zoning(used car lots as UBEs)? 424--1 c= /o:J • Ben Brown case;Status • RCBS case ➢ Status ➢ Summary of COAB expenses/status of reimbursement? J IN C� -fe �`l C-\/LJ1C 'CZ 1,LA-, l�.{C+a Q/L�JIO¢ fC0/L '12- '..J' • Hector case FI Lt ca5 11Zc p�,.\- Co 4-'4o. =7 ��c / Scvr, To C— 'ZZ w` bt— V � %—e-7 .. -`-'o%-eo•.) d��.vcp • �-�-r. 4-tn6s zcJ �DcwS ire .`� c-spor,, -C; S ‘4 �, � w J� s�cra 1 `-�4-4 S o Lk-44A,,c/( Or.3 { C-c�l S' /L - tJ1.AoYC 3. C)Ao,v • ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile:(904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw:com March 7,2012 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE: Atlantic Beach vs Hector Dear Jim: I enclose a copy of an Order which grants the defendants' motion to stay the foreclosure sale. This Order was entered because of the appeal filed by the defendants to a highercourt. I previously sent you a copy of the Notice of Appeal on February 21, 2012. Obviously the foreclosure sale. which is a public auction, scheduled for March 8, 2012, will not be held because of this Order. I will continue to communicate with the other attorney to see if there is any way to resolve the case while the appeal is pending. As I previously discussed with you, the appeal could take any where from 12 to 18 months,which is the normal course. If you have any questions at all in this regard,please don't hesitate to contact me. Vero y yours, A .' . JENSEN Enclosure ACJ/sky Cc: Donna Bartle. City Clerk (w/enc) • IN THE COUNTY COURT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 16-2010-CC-7185 DIVISION: K THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. GE�v�� HECTOR, his wife, SOURCE ONE MORTGAGE BE CORPORATION, a foreign corporation, and BAR JOHN DOE and JANE DOE, as unknown D tenants in possession, Defendants. G Hensen Arty. •ORDER ON DEFENDANTS' EMERGENCY MOTION TO STAY FORECLOSURE SALE OF REAL PROPERTY THIS CAUSE came before the Court on the Defendants' Emergency Motion to Stay Foreclosure Sale of Real Property. The Court, having reviewed the Motion and the file finds as follows: 1. The Defendants filed a Notice of Appeal and a Declaration of Homestead in this matter in addition o the Emergency Motion above. 2. A review of these pleadings renders a sale of subject property at this time to be at least premature, accordingly it is ORDERED that the Defendants' Emergency Motion to Stay Foreclosure Sale of Real Property is GRANTED. DONE AND ORDERED in chambers at Jacksonville, Duval County, Florida this day of March, 2012. ORDER ENTERED MAR - 2 2012 Ica Sharon H.Tannor County Judge Copies to: W. K. Lally, P.A. 6160 Arlington Expressway Jacksonville,FL 32211 Alan C. Jensen, Esq. 935 N. Third Street Jacksonville Beach, FL 32250 ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach, FL 32240-0457 E-Mail: Alan@AJensenLaw.com February 21, 2012 James R. Hanson,City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach vs Hector Dear Jim: Enclosed is a copy of a Notice of Appeal which I received in the above case over this past weekend. I believe it is self-explanatory, but please feel free to contact me with any questions. This may delay things for a substantial amount of time because of the appeal. I will of course move the case as quickly as I can, but there are time requirements for briefing and other matters to complete the appeal, together with possible arguments in the appeal. I will contact the other attorney to follow up on my recent letter to him in regard to his clients satisfying the judgment against them. I will continue to keep you informed of further developments in this case as they occur, but please contact me if you have any questions in the meantime. Very tr y yours, A ftJENSEN Enclosure ACJ/sky Cc: Donna Bartle, City Clerk (w/enc) IN THE COUNTY COURT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 16-2010-CC-7185 DIVISION: K HARTSON G. HECTOR and VALDA D. HECTOR, his wife, Defendants/Appellants, vs. THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff/Appellee. NOTICE OF APPEAL NOTICE IS GIVEN that HARTSON G. HECTOR and VALDA D. HECTOR, the Defendants/Appellants,appeal to the Circuit Court,Fourth Judicial Circuit,in and for Duval County, Florida,the Summary Final Judgment of Foreclosure rendered January 20,2012. A conformed copy of said Summary Final Judgment of Foreclosure is attached hereto. The nature of the order is a final • order of Summary Final Judgment of Foreclosure. I HEREBY CERTIFY that a copy of the foregoing has been furnished to Alan C. Jensen, Esq., 935 N. Third Street, Jacksonville Beach, FL 32250 by U.S. Mail this 17th day of February, 2012. W. K. LALLY, P.A. RECEIVED r r E B 1 8 2012 W. K. LALLY Florida Bar No. 142804 MARTHA F. LALLY Alan C.Jensen, ;. Florida Bar No. 628549 6160 Arlington Expressway Jacksonville, FL 32211 (904) 724-4420 - phone (904) 724-4421 - fax Attorneys for Defendants/Appellants ALAN C. JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach, FL 32240-0457 E-Mail: Alan@AJensenLaw.com February 16, 2012 W. K. Lally, Esquire 6160 Arlington Expressway Jacksonville, FL 32211 RE: City of Atlantic Beach vs. Hector, et al Dear Bill: Please let me know if your clients are attempting to satisfy the judgment entered by the court on January 19, 2012, or if this matter will go to a clerk's sale on March 8, 2012, at 11:00 a.m., as scheduled. I need to know something by the end of next week, Friday. February 24. 2012, so that I can make arrangements for the clerk's sale if necessary. I look forward to hearing from you soon. Thank you. Very truly yours, ,'-•`:r &A—--/ ' f • L• JENSEN ,ACJ/sky Cc: James R. Hansen, City Manager ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 E-Mail: Alan@AJensenLaw.com January 23,2012 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE: Atlantic Beach vs. Hector Dear Jim: Enclosed is a copy of the Summary Final Judgment of Foreclosure signed by Judge Tanner on January 19, 2012, in the above case. I believe the judgment is self-explanatory, but please feel free to contact me if you have any questions regarding it. Please note the date set by the court for the sale of the property at the courthouse is March 8, 2012. Please also note that the City has the right to bid at said sale in the amount due under the judgment and that the sale can be made subject to the interest of the existing first mortgage, which is Source One Mortgage Corporation, according to the public records of Duval County. There may be additional expenses which come up in the processing of the clerk's sale, and we will advise you accordingly. Also, the total amount of damages continues to accrue interest at the statutory rate. If the Hectors are able to pay the amount off in full prior to the sale, then the judgment will be satisfied and no sale will take place. I will continue to keep you advised regarding further developments in this case as they occur, but please call if you have any questions in the meantime. Very t ly yours, 4� A P . .1E1�,_ ;N Enclosures ACJ/sky Cc: Donna Bartle, City Clerk(w/encs) .+ IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2010-CC-7185 DIVISION: K THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. TECH-1VED HARTSON G. HECTOR and VALDA D. HECTOR, ',14A1 ? I ?pi? his wife, SOURCE ONE MORTGAGE CORPORATION, a foreign corporation, and JOHN DOE and JANE DOE, Alan C.Jensen as unknown tenants in possession, ' Defendants. SUMMARY FINAL JUDGMENT OF FORECLOSURE THIS ACTION came before the Court on Plaintiff's Motion For Summary Final Judgment of Foreclosure and the Court, based upon the state of the record at the time of the hearing, finds that there is no material issue of fact or law and grants Plaintiff's motion. It is therefore ORDERED AND ADJUDGED: 1. JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: This Court has jurisdiction over foreclosure cases pursuant to Florida Statutes. Service of process has been secured upon Defendants Hutson G. Hector and Valda D. Hector. . 2. THE DEBTS AND ITS VALIDITY: Plaintiff holds a lien for the total sum of this Final Judgment which is superior, prior and paramount to the right, title, interest, claims, liens, encumbrances and equities of the following .Defendants: HARTSON G. HECTOR and VALDA D. HECTOR, and all persons claiming any interest since the filing of the Lis Pendens on the following real property: Lot 2, Block 24, REPLAT OF PART OF ROYAL PALMS, UNIT TWO A, according to plat thereof as recorded in Plat Book 16, pages 16A through 16D, of the current public records of Duval County. Florida. 3. PLAINTIFF'S LIEN ON PROPERTY AND SUPERIORITY: From the Affidavits in the file and the uncontested allegations of the Complaint, the correct legal description of the property is as shown above. Plaintiff has a lien upon said real property and such lien and security interests are prior, paramount and superior to the right, title, interest, claims, liens, encumbrances and equities of the Defendants Hanson G. Hector and Valda D. Hector, and all persons claiming any interest since the filing of the Lis Pendens in the property described above. THIS JUDGMENT IS AGAINST HARTSON G. HECTOR AND VALDA D. HECTOR AS RECORD TITLE.OWNERS OF THE REAL PROPERTY HEREIN DESCRIBED. 4. DAMAGES: There is now due and owing to Plaintiff on the liens sued upon herein, the following sums of money,to-wit: (a) Principal: $4,248.47 (b) Interest: 1,557.60 (10%from 5/15/08, date of last Claim of Lien, to 1/19/12 at$35.40 per month) (c) Court costs: 645.00 TOTAL: $6,451.07 5. ADDITIONAL COSTS AND ADVANCES: (a) Any third party bidder is responsible for paying the registry fee and documentary stamps. The clerk shall compute the registry fee and documentary stamps and collect said amounts from the third party bidder. Also, additional advances made by Plaintiff such as real estate taxes, insurance, and superior mortgagee payments may be added upon filing of an affidavit listing them. Any such amount will be added to the total bid. (b) Additionally, the total sum due Plaintiff shall include publication of notice of sale costs, interest at the legal rate per Section 55.03, Florida Statutes, from the date of this Final Judgment to the date of sale. Said interest shall be applied in accordance with paragraph 4 above. 6. CLERK'S SALE: ' (a) Directions to Sell: Unless Defendants shall, at any time prior to the sale of the real estate and other property and fixtures heretofore described, pay to Plaintiff or its attorneys, the total sums found to be due Plaintiff, then said property shall be sold by the Clerk of Court to the highest bidder for cash at public sale, free and clear of all right, title, interest, claim, lien, encumbrance, 2 remainder, reversion, homestead, dower or equity of redemption whatsoever of the Defendants Hartson G. Hector and Valda D. Hector named herein, and all persons, firms or corporations claiming interest in said property subsequent to the filing of the Notice of Lis Pendens. If subsequent to the date of Plaintiff's Affidavit of Indebtedness and prior to the foreclosure sale, Plaintiff shall be required to advance any monies to protect its mortgage lien, then Plaintiff or its attorneys shall so certify to the Clerk of this Court, and the amount found due to Plaintiff shall be increased by the amount of such advances without further order of the Court. (b) Date: Said sale date by the Clerk of Court at the northeaste mos Ba S/;eet entrance of the Duval County Courthouse in Jacksonville, Florida, on Y " 2012, at 11:00 a.m., after the publication of notice thereof as required by Section 45.031, Florida Statutes, and promptly after such sale the Clerk shall complete and file a Certificate of Sale. If Plaintiff is the successful bidder at foreclosure sale, it has the right to assign its bid by filing an Assignment of Bid form naming the party to which the bid has been assigned. The Clerk of the Circuit Court is to issue the Certificate of Title in accordance with Plaintiff's Assignment of Bid without further order of the Court. (c) Plaintiffs Bid Rights: Plaintiff is hereby given leave to bid at said sale and to apply against any bid made by them the amount found to be due Plaintiff in this Final Judgment. Section 45.031(2), Florida Statutes, requires that the high bidder post with the Clerk a deposit equal to five percent (5%) of the final bid. However, if Plaintiff or its assignee is the successful bidder, they are excluded from the deposit requirement. In the event that the successful bidder fails to place the requisite deposit in accordance with Florida Statutes with the Clerk, said bid is void. Additionally, if the final payment is not made within the prescribed period, the Clerk shall readvertise the sale and pay all costs of the sale from the deposit in accordance with Florida Statutes. Any remaining funds shall be applied towards the judgment. Said sale can be made subject to the interest of Defendant Source One Mortgage Corporation, a foreign corporation, or its successors or assigns, pursuant to a mortgage recorded at O.R. 9312, page 750, and an assignment of said mortgage recorded at O.R. 9312, page 761,all of the current public records of Duval County, Florida. (d) Clerk's Reimbursement: Out of the proceeds arising from the sale, the Clerk shall retain its fee, then shall pay to the attorneys for Plaintiff the court costs allowed by this Court in this judgment, and this shall be in a separate check made payable to Alan C. Jensen, Esquire, and mailed to Post Office Box 50457, Jacksonville Beach, Florida 32240. From the remainder of the proceeds, as far as they shall apply in satisfying the Plaintiff's remaining sum due, the Clerk is to send its check to Alan C. Jensen, Esquire, at the above address, and payable to Plaintiff. (e) Surplus Funds: If this property is sold at public auction, there may be additional money from the sale after payment of persons who are entitled to be paid from the s'alb proceeds pursuant to this Final Judgment. If said real property and other property shall sell for more than enough to pay Plaintiff all sums due them, then the Clerk shall report any surplus proceeds to this Court. The Clerk of Court shall hold the surplus in the registry of the court. Thereafter, upon motion and notice of hearing to all parties, even those defaulted, the Court will 3 adjudicate the rights thereto according to law and equity. General Bank vs. Westbrook Pointe, Inc., 548 So.2d 736(Fla 3`d DCA 1989). Subordinate lienholders claiming a right to funds remaining after the sale must file a claim with the Clerk no later than sixty (60) days after the sale. If a subordinate lienholder fails to file a claim,said lienholder will not be entitled to any remaining funds. If you are the property owner, you may claim these funds yourself. You are not required to have a lawyer or any other representation and you do not have to assign your rights to anyone else in order for you to claim any money to which you are entitled. Please check with the Clerk of the Court, Jim Fuller, Duval County Clerk of Court, Duval County Courthouse, Attn: Circuit Civil, 330 East Bay Street, Jacksonville, Florida 32202, within ten (10) days after the sale to see if there is additional money from the foreclosure sale that the Clerk has in the registry of the court. If you decide to sell your home or hire someone to help you claim the additional money, you should read very carefully all papers you are required to sign, ask someone else, preferably an attorney who is not related to the person offering to help you, to make sure that you understand what you are signing and that you are not transferring your property or the equity in your property without the proper information. If you cannot afford to pay an attorney, you may contact the Jacksonville Area Legal Aid at (904) 356-8371 to see if you qualify financially for their services. If they cannot assist you, they may be able to refer you to a local bar referral agency or suggest other options. If you choose to contact the Jacksonville Area Legal Aid for assistance, you should do so as soon as possible after receipt of this notice. (f) Presence of Plaintiff at Sale: The said sale shall not take place unless a representative of Plaintiff is present. If there is no representative, then the sale shall be cancelled by the Clerk. Plaintiffs attorney shall secure a new sale date. If a sale shall take place, it shall be null and void and no documents issued by the Clerk, except to inform this Court of what may have occurred. (g) Right of Redemption: The right of redemption of any Defendant other than the United States of America is terminated upon the issuance of the Certificate of Sale by the Clerk of Court pursuant to the provisions of Florida Statutes Chapter 45. If the United States of America is a defendant, it shall be accorded its right of redemption pursuant to 28 U.S.C. Sec. 2410(c), from the date of the foreclosure sale. 7. TITLE TO SUCCESSFUL BIDDER: If no objections to said sale are filed in this proceeding within ten (10) days from the filing of the Certificate of Sale, the Clerk shall forthwith complete and file a Certificate of Title as prescribed by law, after which the sale of the real estate and other property and fixtures shall stand confirmed as certified by the Clerk. Title shall pass fully and completely to the purchaser named in the Certificate of Title free and clear of any right, title, interest, estate, claim or other equity of 4 Defendants or any other person claiming by, through or under them, or any person claiming an interest in said real estate or other property and fixtures herein ordered to be sold shall stand confirmed as certified by the Clerk. Title to the real estate and other properties sold shall pass fully and completely to the purchaser named in the Certificate of Title, free and clear of any right, title, interest, estate, claim or other equity of Defendants or any other person claiming by, through and under them, or any person claiming any interest in said real estate or other property and fixtures since the filing of the Notice of Lis Pendens herein. Plaintiff, if successful bidder at the foreclosure sale, may assign its bid by filing a Notice of Assignment and the Clerk of Court shall issue the Certificate of Title to said assignee without further order of the Court. (a) Certificate of Title: On filing the Certificate of Title, Defendants Hartson G. Hector and Valda D. Hector in this action, and all persons claiming under or against said Defendants since the filing of the Lis Pendens shall be foreclosed of all estate or claim in the real property and the purchaser at the sale shall be let into possession of the property. 8. WRITS OF POSSESSION ISSUANCE: If Plaintiff is the purchaser at the sale, Plaintiff, its heirs, representatives, successors or assigns shall be placed in immediate possession of the aforedescribed premises. In the event the Defendants fail to vacate said premises within ten (10) days of the date of the foreclosure sale as provided above, the Clerk of Court is directed to issue a Writ of Possession to Plaintiff forthwith and without further Order from this Court for the premises located at 387 Skate Road, Atlantic Beach,Florida 32233. 9. COMPLIANCE WITH FLORIDA STATUTES CHAPTER 55: Pursuant to Florida Statutes Chapter 55, the following is the address of Plaintiff: 800 Seminole Road, Atlantic Beach, FL 32233 10. RETENTION OF JURISDICTION: This Court retains jurisdiction for the purpose of making any further orders and judgments as may be necessary and appropriate herein, including, but not limited to, all claims for deficiencies. DONE AND ORDERED at Jacksonville, Duval County, Florida, this day of January,2012. ORDER ENTERED JAN f9 Js/Sharon H.Tanner SHARON TANNER, COUNTY JUDGE 5 t Copies to: Alan C.Jensen,Esquire P. 0. Box 50457 Jacksonville Beach, FL 32240 Attorney for Plaintiff W. K. Lally, Esquire 6160 Arlington Expressway Jacksonville,FL 32211 Attorney for Defendant$Hartson G. Hector Q/1a" Val-124.1 0. Pixy oh- da D. Hec 198 venue B lyn,N 3 ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach, FL 32240-0457 E-Mail: Alan@AJensenLaw.com August 4, 2011 VIA HAND DELIVERY James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach(Liens) 387 Skate Road Dear Jim: Enclosed is a copy of a letter Superior Services in New York, together with a copy of their Affidavit indicating service of process having been perfected on Valda Hector. I believe these are self- explanatory, but feel free to contact me if you have any questions. We are in the process of preparing for publication against the mortgage company since we cannot locate anyone at either mortgage company's name and certified mail has been returned to us. I will keep you posted in this regard. Very t r tours, 4.i, A .• /. JENSEN Enclosures ACJ/sky yt. subpoenadeliverv. corxi Superior Services JD, Inc. Licensed Process Servers 54 Bristol St. # 7F, Brooklyn NY 11212 Tel. 718-277-2968 Fax 347-295-0244 July 29, 2011 To: Alan c. Jensen,Esq. Attention: Alan c. Jensen, Esq. Re: Service of process on Valda D. Hector (16-2010-CC-07185XX) Dear Mr. Jensen: Service of process was personally effected on the above listed Defendant in regard to the case listed above. Enclosed is proof of service (One affidavit of attempted service) and the original summons. Please review the enclosed affidavit to ensure that it meets your court requirements. We have received the amount of $55.00 as payment in full for the above personal service of process. Thank you. It has been a pleasure being of service to you. Please do not hesitate to contact us if you need New York process service again. We thank you for using our licensed process service. Please call us or email us if you have questions about this letter. Sincerely, For Superior Services JD, Inc. 1�1� Juan de los Santos 60 3 NY Licensed Process Server P� www.subpoenadelivery.comO' Tel. (718) 277 2968 ASG P IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Case No. : 16-2010-CC-07185XX Division : K x THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff AFFIDAVIT OF SERVICE OF SUMMONS AND COMPLAINT -against- HARTSON G. HECTOR and VALDA D. HECTOR, his wife, SOURCE ONE MORTGAGE CORPORATION, a foreign corporation, and JOHN DOE and JANE DOE, as unknown tenants in possession, Defendants x JUAN DE LOS SANTOS, being duly sworn, deposes and says: I am over 18 years of age and not a party to this action. I am a duly licensed New York process server with official process server license # 1223229 and I am authorized to serve process in all the counties of the City of New York. On July 27, 2011 at 07:03 a.m., at 198 Utica Avenue, 3rd Floor, in the County of Kings, City of New York, State of New York, 11213, I served the attached SUMMONS, COMPLAINT and NOTICE OF LIS PENDENS in this matter on VALDA D. HECTOR ,defendant, by personally delivering the said SUMMONS, COMPLAINT and NOTICE OF LIS PENDENS to VALDA D. HECTOR, the named defendant. Description of the individual served in person: Sex: Female Color of Skin: Black Color of Hair: Black Approximate Age: 50-55 Years Approximate Weight: 170-190 Lbs. Approximate Height: 5'1"-5'4" Other features: I asked VALDA D. HECTOR whether she was in the military service of the United States or New York State or dependent on anyone in the military service. She Page 1 of 2 answered "no". Upon information and belief I have, based on the conversations and observations above narrated, said defendant is not in the military service. Deponent has personal knowledge of all facts set out in this affidavit of service. c C' .7(....-- `moi d ,.,�/ , JUAN DE LOS SANTOS New York Process Server# 1223229 Juan de los Santos Sworn to before met f1"' day of July , 2011. New York Process Server#1223229 54 Bristol St.#7F Brooklyn, NY 11212 •tary P ib , State of New York r YPU ID C MN'Jt��4S rM/Fik•�!Q 47Z OF NY M. r'rRCtq A4,4 cpUArry Page 2 of 2. Hanson, Jim From: Hanson, Jim Sent: Wednesday, April 27, 2011 12:54 PM To: 'Alan Jensen' Subject: RE: Hector- 387 Skate Road Alan; The City has two goals in this action;to recoup the$7,500 in costs and to get the owner to do something with the house so it doesn't sit vacant as a continuing maintenance problem and a drag on the rest of the neighborhood.The owner should understand that this is a lot that our police came to me about specifically. If Mr. Hector legitimately intended to be a responsible landlord or absentee owner, I believe we would have seen more activity at this location. If he just intends to do minimal maintenance and leave it vacant, it will continue to contribute to neighborhood blight. We offered for him to make payments assuming he had some financial problem, but he seems unwilling to make even minimum payments. The proposed settlement would get us about 1/2 of the 1st goal (recouping cost) and provide no assurance that anything would be done on the 2"d. Unless you feel that we don't have a good case, I see no reason to accept the offer. If we move ahead with foreclosure,the owner will have to either come up with the money or loose the house.The city could then sell the house off to someone who will cause it to be occupied (and invested in as a prerequisite to occupancy) and maintained. Jim From: Alan Jensen [mailto:alan@ajensenlaw.com] Sent: Tuesday, April 26, 2011 2:04 PM To: Hanson, Jim Subject: Hector - 387 Skate Road Jim: Finally got a call back from Hector's attorney and they have offered to pay $4,000 lump sum on June 1 to settle the case. Probably best offer we are going to get, and in my opinion would be better than $100 per month. Plus if he doesn't maintain house, we can take back to Code Board and more fines/ liens could be filed. Please let me know. Alan ALAN C. JENSEN, ESQUIRE 935 North Third Street P.O. Box 50457 Jacksonville Beach, FL 32240-0457 (904) 246-2500 (904) 246-9960 FAX AlanAJensenLaw.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential, subject to the attorney-client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you. 1 Property Appraiser- Property Details Page 1 of 2 HECTOR HARTSON G Primary Site Address Official Record Book/Page Tile# 387 SKATE RD 387 SKATE RD 07196-00004 9417 ATLANTIC BEACH, FL 32233-3819 Atlantic Beach FL 32233 387 SKATE RD Property Detail Value Summary RE# 171670-0000 2010 Certified 2011 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0100 SINGLE FAMILY Total Building Value $49,561.00 $50,776.00 #of Buildings 1 Extra Feature Value $300.00 $0.00 31-016 38-2S-29E Land Value(Market) $70,000.00 $70,000.00 Legal Desc. R/P OF PT OF ROYAL PALMS UNIT 2 A Land Value(Agric.) $0.00 $0.00 Subdivision 03123 ROYAL PALMS UNIT 02A3.00 Just(Market)Value $119,861.00 $120,776.00 The sale of this property may result in higher property taxes.For more information go Assessed Value $119,861.00 $120,776.00 to Save Our Homes and our Property Tax Estimator.Property values,exemptions and Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 other information listed as'In Progress'are subject to change.These numbers are part of the 2011 working tax roll and will not be certified until October.Learn how the Exemptions $0.00 See below Property Appraiser's Office values property. Taxable Value $119,861.00 See below Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book/Page Sale Date Sale Price Deed Instrument Type Code Qualified/Unqualified Vacant/Improved 07196-00004 9/30/1991 $45,900.00 WD-Warranty Deed Qualified Improved 07196-00005 9/27/1991 $100.00 QC-Quit Claim Unqualified Improved 06977-00544 8/28/1990 $100.00 QC-Quit Claim Unqualified Improved 06884-01881 9/1/1977 $183.00 QC-Quit Claim Unqualified Improved 03709-00556 4/23/1974 $17,500.00 WD-Warranty Deed Unqualified Improved Extra Features No data found for this section Land &Legal Land Legal LN Code Use Description Zoning Front Depth Category Land Units Land Value LN Legal Description 1 0100 RES LD 3-7 UNITS PER AC ARS-1 80.00 93.00 Common 1.00 $70,000.00 1 31-016 38-2S-29E 2 R/P OF PT OF ROYAL PALMS UNIT 2A 3 LOT 2 BLOCK 24 4 VALDA D 0/R BK 7196-4 Buildings Building 1 Building 1 Site Address Element Code Detail 387 SKATE RD Exterior Wall 15 15 Concrete Block Atlantic Beach FL 32233 Exterior Wall 6 6 Vert Sheet Siding r Building Type 0101-SFR 1 STORY SOH Roofing Structure 3 3 Gable or Hip ps2-I BAS Year Built 1961 Roofing Cover 3 3 Asph/Comp Shingle Interior Wall 5 5 Drywall h TI —1 Type Gross Area Heated Area Int Flooring 11 11Ceramic Clay Tile o �CP �P Base Area 1004 1004 Int Flooring 14 14 Carpet Finished Open Porch 84 0 Heating Fuel 4 4 Electric J Unfinished Carport 198 0 Heating Type 4 4 Forced-Ducted Unfinished Storage 60 0 Air Conditioning 3 3 Central Total 1346 1004 Element Code Stories 1.000 Bedrooms 3.000 Baths 1.500 Rooms/Units 1.000 http://apps.coj.net/pao propertySearch/Basic/Detail.aspx?RE=1716700000 4/12/2011 IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY,FLORIDA CASE NO.: 16-2010-CC-7185 DIVISION: K THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G.HECTOR and VALDA D. HECTOR, his wife, SOURCE ONE MORTGAGE CORPORATION, a foreign corporation,and JOHN DOE and JANE DOE, as unknown tenants in possession, Defendants. STIPULATION FOR SETTLEMENT The undersigned parties stipulate to the Court as follows: 1. Plaintiff is entitled to recover from Defendant, Hartson G. Hector, the sum of $7,500.00 which includes the principal and interest on the liens referenced in the Complaint filed by Plaintiff,together with the filing fee, service of process,and attorney's fees. 2. Entry of a judgment is withheld provided that Defendant, Hartson G. Hector, pays the sum of$7,500.00 on or before December 31, 2013; said Defendant shall make payments in the minimum amount of$100.00 per month beginning January 15, 2011, and continuing on the 15th day of each and every month thereafter for thirty(36)months. Regardless of the monthly payments made by said Defendant, the amount of$7,500.00 must be paid in full to Plaintiff no later than December 31,2013. 3. In addition,Defendant,Hartson G. Hector, shall keep his property located 387 Skate Road, Atlantic Beach, Duval County, Florida 32233, free from debris and junk, said property shall G. Hector, agree to hereby release and discharge each other and Plaintiff's officers and employees from any and all claims, demands and causes of action of any kind whatsoever, whether known or unknown at the present time, contingent or non-contingent, which either party heretofore may have had, now may have, or hereafter may have against each other arising out of, or in any way connected with, or relating to, the five (5) Claims of Lien described in the Complaint filed by Plaintiff herein. By acceptance of this settlement, Plaintiff releases said Defendant only of the further liability on these specific Claims of Lien. 9. This Stipulation For Settlement contains the full and complete agreement and understanding of the parties. Neither party has relied upon any term, condition, promise, nor understanding other than as set forth herein. CITY OF ATLANTIC BEACH By James R. Hanson,City Manager Hartson G.Hector,Defendant ALAN C.JENSEN,ESQUIRE W. K. LALLY,ESQUIRE Florida Bar#162809 Florida Bar#142804 Attorney for Plaintiff Attorney for Defendant Hartson G. Hector 935 North Third Street 6160 Arlington Expressway Post Office Box 50457 Jacksonville,FL 32211 Jacksonville Beach,FL 32240-0457 (904)724-4420 (904)246-2500 3 Hanson, Jim From: Hanson, Jim Sent: Wednesday, November 24, 2010 10:22 AM To: 'Alan Jensen' Cc: Griffin, Michael; Thompson, David; Hatfield, Dale; Van Liere, Nelson; Ramsay, Debra Subject: Hector House Alan; This is to follow-up on the conversation we had the other day about the Hector house on Skate Rd.You related a phone conversation with an attorney working for Mr. Hector reporting that he had made repairs to the house and wanted to pay off the City's lien at a rate of$100/month if the City would not foreclose on his property. Mike Griffin has since inspected the house and found that satisfactory repairs had been made to the carport, although there was still an accumulation of junk in the yard that should be cleaned up. As stated before,the City's main concern is to stop this house from being a blighting influence on the neighborhood. There has been a long history of disrepair, unsafe and unpermitted construction and various code violations at this address. Given that the owner has made a good faith effort to repair the house, please get an agreement in writing from the owner to clean up the remaining debris before the December 15th, maintain the house and yard to meet all City Codes and to pay$100/month until the lien is paid off. In return,the City will not foreclose on his property. However, if he fails to maintain the property or to pay the due amount monthly,foreclosure and/or additional code enforcement actions will result. He should forward his$100 payments to the City at 800 Seminole Rd.attn. Debbie Ramsay and reference the address of the house with each payment.The first payment will be due with the written agreement and that agreement should be completed prior to the end of this calendar year. Future payments will be due by month end. If you have any questions or need any additional information,just let me know. Jim Hanson 1 ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach,FL 32240-0457 ' E-Mail: Alan(a)AJensenLaw.com December 21, 2009 ,lames R. Hanson,City Manager City'of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach (Liens) 387 Skate Road Dear Jim: I enclose copies of the Complaint, Notice of Lis Pendens, and four (4) Summonses to be issued by the clerk's office in the above case. We are proceeding with obtaining service of process on all of the defendants, one of which is an out of state corporation we have to serve in Michigan, and the two owners of the property reside in New York. The John and Jane Doe defendants are unknown tenants and that service of process will be local. It may take some time to obtain service of process on the out of state defendants because of their distance from Atlantic Beach. However,we will keep you updated regarding these matters. Hopefully, there will be little, if any, opposition from the defendants to the foreclosure and we can get a summary judgment for the final amounts due to the Cit:; all lien ;. together with interest, court costs,and reasonable attorney's lees. If you have any questions in the meantime, please don't hesitate to contact me. Thanks.. Very trul you-s, A A, 4 E'.` SEN Enclosures ACJ/sky IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife, SOURCE ONE MORTGAGE CORPORATION, a foreign corporation, and JOHN DOE and JANE DOE, as unknown tenants in possession, Defendants. COMPLAINT Plaintiff sues Defendants and alleges: 1. This is an action to foreclose liens on real property located in Duval County, Florida. 2. Plaintiff is a municipal corporation, organized and existing under the laws of the State of Florida. 3. Defendants Hartson G. Hector and Valda D. Hector, his wife (hereinafter "Defendants Hector"), are the owners of certain real property located at 387 Skate Road, Atlantic Beach, Duval County, Florida 32233, and more particularly described as follows: Lot 2, Block 24, REPLAT OF PART OF ROYAL PALMS, UNIT TWO A. according to plat thereof as recorded in Plat Book 16, pages 16A through 16D, of the current public records of Duval County, Florida. 4. Plaintiff is the owner and holder of the following described liens recorded against the above-described real property for services rendered to said property and for code enforcement liens issued pursuant to Chapter 162, Florida Statutes,as follows: (a) Code Enforcement Board Claim of Lien recorded on January 12, 2004, at O.R. 11574, page 1413, in the amount of$605.03, which is due with interest at the rate of 10% per annum. A copy of said Claim of Lien is attached hereto. (b) Code Enforcement Board Claim of Lien recorded on June 23, 2006, at O.R. 13349, page 508, in the amount of $1,369.44, which is due with interest at the rate of 10% per annum. A copy of said Claim of Lien is attached hereto. (c) Weed Abatement Claim of Lien recorded on July 12, 2007, at O.R. 14080, page 1685, in the amount of$592.84, which is due with interest at the rate of 10% per annum. A copy of said Claim of Lien is attached hereto. (d) Weed Abatement Claim of Lien recorded on August 10, 2007, at O.R. 14131, page 1161, in the amount of $826.72, which is due with interest at the rate of 10% per annum. A copy of said Claim of Lien is attached hereto. (e) Weed Abatement Claim of Lien recorded on May 16, 2008, at O.R. 14503, page 960, in the amount of$854.44, which is due with interest at the rate of 10% per annum. A copy of said Claim of Lien is attached hereto. 5. Plaintiff is owed the sum of$4,248.47 on all of the aforesaid liens, together with interest,costs and reasonable attorney's fees. 6. Defendants Hector were provided notice by Plaintiff prior to any services being rendered to their property and prior to any Code Enforcement Board liens being filed against their 2 property, and were given the opportunity to respond to said notices and appear before the Code Enforcement Board. Said Defendants were therefore properly notified of all actions taken by Plaintiff which resulted in the aforesaid liens being filed against their property and were afforded due process. 7. Plaintiff has performed all conditions precedent prior to the bringing of this action or all conditions precedent have occurred or have been waived. 8. Defendant Source One Mortgage Corporation, a foreign corporation, may claim an interest in the above-described property pursuant to a mortgage recorded at O.R. 9312, page 750, current public records of Duval County, Florida, and an assignment of said mortgage recorded at O.R. 9312, page 761, current public records of Duval County, Florida. Plaintiff is uncertain as to the validity and priority of said interest, if any. 9. Defendants John Doe and Jane Doe, as unknown tenants in possession of said real property, may claim some interest therein by virtue of a possible lease agreement. Said interest is inferior and subordinate to the interest of the Plaintiff's liens on said property. 10. Plaintiff has obligated itself to pay its undersigned attorney a reasonable fee for his services herein. WHEREFORE, Plaintiff demands an accounting of the sum due Plaintiff under the aforesaid liens, including interest, costs and reasonable attorney's fees, and judgment that Plaintiff has a lien on said real property in a total amount, and if that amount shall not be paid within the time set by this Court, the property be sold to satisfy the amount due Plaintiff and the right, title, interest, and lien of Defendants and all parties claiming by, through, under or against them since the filing of the Notice of Lis Pendens herein be foreclosed. Plaintiff further demands that if the 3 proceeds from the sale shall be insufficient to pay the sums due Plaintiff, then a deficiency judgment be entered against Defendants. Plaintiff also demands such other and further relief as the Court deems proper and just. • . 1. JENSEN, Esquire 'to- ••. Bar#162809 A •rney for Plaintiff 935 North Third Street Post Office Box 50457 Jacksonville Beach, FL 32240-0457 (904) 246-2500; FAX: 246-9960 4 _�.,.....m..,.,., tt : 5 M1',9. Book 11574 Page 1413 Prepared by: City Clerk's Office 2, 800 Seminole Roadp .20AV40 0774 Atlantic Beach.FL 32233 Di4es: 1413 — 1 414 F::ed t Recorded 01/1E/2004 06:43:02 AN Record and Return to: 11M RUB CLERK CIRCUI" COUR' Maureen King DUISIL COUNTY • nECURG:ML S '.00 4 City Clerk TRUST FUND s :.5 r; 800 Seminole Road Atlantic Beach,FL 32733 '. CLAIM OF LIEN The City of At,antic Beach,having given proper notice to the property owners,Hartson G.Itod Valda Hector,pertaining to property described as.387 Skate Road AIK/A 131-016 38- 2S-29E I:SDif RIP of PT of Royal Palms Unit 2A Lot 2 Block 24 for violation of Chapter 6. Sec.6-16.Chapter 24.Sec 24.151(h)(l)h,Chapter 24,Sec.24-1044X2),and Chapter 24,Sec.24- 49(tt)of the Code of Ordinances of'hc City of Atlantic Beach Florida.and finding that Hanson G.and Yalda Hector,owners of the property,have railed to make the required payments towards this obligation.it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Hartson G.and Valda Hector. Said Claim of Lien shall be recorded in the public records of the oftite of the Clerk of the Circu:t Court in and for Duval County,Florida.rnd shall • be payable with interest at the rate of 10%per annum until paid This Claim of Lien is to secure payment for the administrative fees in the,unount of � i 5605.03 inczred by the City of Atlantic Beach to bring this case before the Code Enforcement �J Board on September 17,2')13. Ur• . Executed this qday of:Lt-�trGL' ,2004. CITY OF ATLANfI ESL Witness gia_ BY ` • ,..: am anson,City . ager •,Y - 1,.,. .,,I,,..,..10.1r, •.4. - - 1%., , 1'...."7:77 ' ' ----------................................ k,-,-0,,,v• .r 444•••')1," lip,stk 1 ''l'• ', .,:•7.5'.',t4i,... `;‘. ,* , -+L -uf u, . 4 •- ;.:,,•4 ',..,-.14,• ?•,`",k4.u1::. 44,....,',„ ; ., Book 11574 Page 1414 i '' e.:-,f- T, '••f'A ii,.1..:67,.--r STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this 11? day of ,2004 by .4.. I \i/l/v/PS ie_thilies0A./ ___who is rsonall own to e or produced A I .] 1 -- , as identification,and who did/did not take an oath. 1 . . 6 . WWI IMO Notary Public,State of F(Ida at lar c pkt:: MY::0)011SSIONIDC CS5C80 ' EINES 2orx My Commission expires: ,..Q...s,, ii.Thu Nan Mu 1.1Wourt _• • . •. 4zig '5°t , „ Doo N 2006219815', OR. BK 13349 Page 508', Number Pages: 1, Filed r: Recorded R t, 4•� 06/23/2006 at 09!19 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING :4 . 810.00 i%.it- l'•'' j � ' 4 �« 3�R + : .,'• rel 4ry4 �.;; - •h sa 4�- 1 R ' - Prepared by: r11''�'g a, y . , City Clark's U�ce 04 t f�ti ,:' « , .r K0O Seminole Road �' Atlantic Bach,I I. 32233 • ter.=. LI :, - i Record and Return to: Donna Bussey j Y City Clerk 1 'Mt/Seminole Road Atlantic Reach.FI.32233 CIAIMP .l1FN • The City of Atlantic Reach,having given proper notice to the property owner.Valda Hector pertaining to properly described as,3R7 Skate Street a/k/a 31-016-38-2S-29l R/P of Pt o*fkoyal Palms Unit 2 A Lot 2 Block 24.VALDA 1)0/R BK 7196-4,REN17167(M000 for violation of('bapter 23.Sec 23-16 of the Code of Ordinances of the City of Atlantic Ilcach Florida,and finding that Valda Hector.owner of the property,has failed to make the required payments towards this obligation,it is the decision of the City of Atlantic Beach that a Claim of Lien he tiled against Valda Hector. Said Claim of Lien shall be i 41 '.; e recorded in the public records ufthe office ot'the Clerk of the Circuit Court in and for Duval County,Florida,and shall be payable with interest at the rite of I(PA per annum until paid. This Claim of Licht is to secure payment for the fines and administrative fres in the amount of$1.169 d4 incurred by the City of Atlantic Brach. 9. Executed this as of . flay TKi1k_r 2006. CITY OF AI'1.AN l'IC'BEACl1 Ilif Witnes• iI Z eme_ Llu"[T.- By: (� ._-. _..._ tunas ansae.City Man NT ' 'ill"Fl_f►1t 11)A C't. !NTY(1F DI'VAI. Swum to and subscribed to me this aa"'duy of s/l�(»e. _ .20(X3 by James R.Hanson who is personally known to me as identification,and who did not take oath. Notary Public.State of Florida at lar r .._._..... 41i ..i•-••••!:•••••••.7,-;d .r r , n3r PP. , - l , t ' " )I 1 DOC i 20012,,.•01.:, ^.R IIK :60110 Payer 16db, Number Payee: 2, Filed C Recorded w -. • � ;eq c .,r ,, 07/12" 2001 ut 11 1d AN, ?IN r/LLLR cults( CIRCU1r cam' ouvAL COUNTY RECORDINGrr" * , tv ., i0111,50 atfYf ?4i � t. r n i.' i 15 .If ,s„,„, ,� ;-Aq.,.'3 ` i-, ' rg Y,. Prepared by.. c�a,i Chp Alan Jensen,F.squirey t•'' -' P t) Ron 50457 :.:2:,•''"4.1.,-i'''' ;a,: t .1Jacksonville Bench.I•I.)2,40 .r � w 3 '42.;11-? ,( R\onl and It tum to: : I' i k ('rty('feel MEI Seniimile Road e Atlantic Bch,Fl.)2?1 i 1,A1MlSlkllet` .,.t The City of Alliuii a Reach,having given proper notice to the property owner,Valda Hector,(rrtaming In property described as.3117 Skate Rued A/IVA 31414 3N-2.`-29F:R11'of Pt,of Royal Paps fall 2A Lot 2 Black 24,Atlantic Reach,Merida,regarding a Weed '{ t Ah t in,rt for violation al Chapter 12.Section 12•I(b)(11)of the Code of Ordimuaaw of the City of Atlantic Beach Florida.and folding that Valda Ikonor,owner of the property,has failed to make;he nu1uired payments towards this obligation,it is the dceisian of the City of Atlantic Reach that to Plaine of Lice be file•l againe Vslda I lector: Said Claim of I,ion shill he rveonled In the public ruxwda of the office of the Clerk of the Circuit Court in and fie Duval County, Florida,and.hall be puynhle with interest at the role of 10%per annum until paid. • 'Ihi.(:Dim of Ian is lir the Weed Abatement and intense on such abatement,together wide penalties incumd by the City of Atlantic!leach incident to the collection of the:unpaid abatement,wluch is grained by Ankle III Sections 23.40 of the Cade of()niinanrea of the City of Atlantic Reach,Florida upon the fuhewing described property in 1)uval County,Florida. RE N1711.70-0000,A141I6 S -2S-29E SA'of Pt.of Royal Palmi Unit 2A Lot 2 Block 24 , • 4 r E - ; •h Fr F 1 • •(MI AK 14710PA,M I696 • this Clam of hien is to serve payment of the Weed Atonement against\'a1Ju!lector to rt. the('qv of Adnnlia Reach in the following wneunta. • Cits of 4,1.nlie Beath Weed Abatement Feci: PuMie Werke S 245.94 ('ode Enforcement 50.4N ldminislnllve Fees(1110%) 296.42 'Total $ 592.84 , Plan Interest of 10%per annum. Plus penalties,if soy • • I'aataaed this I. day of lift,?top art(IF Al1.AN'I IC BEACH GY,r 4C1,F'� Wim r" !! By'. an mato.('ity Mataper til All In-I.t.(IKIIIA tt) NI'V ttPItIICAI. iucvn l7 and aubacribcd to me this [( Jay of � .21101 ht =moi ntr y "C. t!5Uh1.__ who is pemonall)known tae me or produced at uktittilicatinu,and who Jiddid not take an oath • Notary eoFInn Notary Puotic.Slats of I�Inti •at large My('totumcslon expires: 0MMLYLBhlF1 1Ij'Oaoiia I CO I1770 Gwt•c Fotrudry I.203 • `� k 2007115$1611, OR BX 14191 Pogo 1161 Nuralrar tagao: 2, Filed 6 Rtaeordad ° } 4 1.0010 /2007 at 12;04 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING fi „xa hy"d. r rr^p' ''.$1.11 SD 1.12'.;.!.i-:'_i,C e.�4%; d`1. t tfti � � f 9 1.1 e t? a4 •iY )�! w ,4°� ,T rrt tod by: • Alan Jensen.Esau n , P.O.Rne Stud ;. as v sa laeircr vi11c Beach.Fl.i2:dst ' • Rceurd uteri Reliant:,r. } Dnnnt Voisey y91„E. • c l., if Vi Cuy Clerk °s w 1ti It tietniriulc Road Atlantic Reach,FL 3:233 :d C4r11 pf.OE,1.I111 the C'ih of Atlantic Beach,huvinp given proper nodt t to the property owner,Valda �°''3'• (lector,pertnininl•to penprrty decorated as,3117 Skutt Road A/K/A 31-016 tR-25.29E IL'P of Pt.of Royal Palms Utak 2A 1.012 Block 24.Atlantic Bath,Florida.regarding a Weed f t Alvaleinein lin ta,laG in ufC'haptet 12,Seclior.12-I(h}(1 I)alit,'('tote of Ohlutance.t,fthc City of Atlantic Bcaet Flonda,and finding Ileit Valda I lector,owner of the'wintery.hac failed to male the required payments towarcls dila obligation,it is the decision of the City lit Allinaie Relicts that a('taint of I tee,lirIll d against Yutda Rector Said Claim of I.ho shall he recrtnk t in he public rv'.i:ds-if Mc nl'tl.c ol'th'f'tech of the('irutit Colin in:,rut for Flat•al County • Florida.and.irt.t 1.w a:wattte a oh utterer at the rate n(Itrv••pet ann:m until paid. Thi,('I,t:m or I ren tt for the Writ Ah.dement and inietr,it tar.such ahatentent.utudhor peanl:ses m..urrrd In the City of Atlantic(teach incident to the ctylectiun of the unpaid ahmement,watch t<wanted h;,\.bele 111 Seliona 23-40(tithe Code.1Ordinancca of the City if Atlantic Beach,Florida upon the following dei.c.'ribed Iropcny in Duval Courtly.Flonda. kF: #1,1670-00110.3 l-ti I ft 3R-2S-29X RIP of Pt.of Royal Palma fila 2A Lor 2 Block 24 • .1i ' 44 � �f ;: lw �t A` I. ` u .li..;.rp, t. o r 4SPA I , r f' r, t ; Z.1"::4a1 ;i 7 .T. YVp- �ind�.rnnceututn i � t100t° ! w '.] 6\ at brwr •. rl' ,$rq npIJULI IO A1PI j'.`.rlllrl�l.SII!.t` ]dtl 1 n dqr rparC.,P)<ssr. Y 4. J"4c3 p i limn's:airs lollnp prp otiy,ptm'uup11212Wp.r _. u; prrnpwd01aw01lunrvu1,Clleu010.XJ')u4„ (/(1rvzl/ " ,(`.1W;f� ti4 L(*) • i.slyii�.1°•Pp ,s t(1:�ru rg l iwi:mins pur 01,.10%l ' lid, 'IV.%.Xi.1O•kI.N:10.) v(JINO'1.1-1I]:0 y.l l . 1•] J7-1M71 1 N unswl I• onzer HJy;ly JLl.ky'IJN JO Ail.) 1' ` .. _ •LO '>'cnh\' I'erp 41i, n41 painvv;l r r' a ine Jl'sanpluad trim 'mnuue Jad%ei J"ts3Jal,I xnld W9ZN S rtmi (WI It' (%otiI I;0•14 a.tgLJlnunupy (NYS I(' tua udlntil 8Y115, l UIa3J 1.1IVA rpi•) t r i $1,1'0. S ‘3.1.).4,‘3911u414.4 .• ' "Sa t M :514,11u4walr4l'W+M 113R31I 391,11111V JO 6t1.) ^ii : w r !�it:0Al 4:. sumurua flulmopal 3111 ut IJ N0J,nunJY JO VI:)141 Y I`} • 01,1017•3111 aplPA 0401111i0lI wteyt'p3G 341 Ju ILL,urStrd vrcv,rum um JO rural:snI J t e§§ t f,I 4'* r i[ ,,•r r P. . 1 { IJf I10.114.1., -i14.14 w1 44 7 ,. N '.P 4 W r rr� ,t. r ' 4r • ati f'1 '1 z ' .. `fi { ri -d Y. 1' a y.. ,I' .t £ p�'s .J. dJ.;_ 71:04• ,t , app 7 --- Filed & Recorded Doc # 2008127705, OR BK 14503 Page 960, Number Pages:DUVAL 05/16/2008 at 11:51 AM, JIM FULLER CLERK CIRCUIT COURT COUNTY RECORDING ,$10.0.0 Prepared by,and Record and Return to: Donna Bussey City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach,having given proper notice to the property owner,Valda Hector,pertaining to property described as,387 Skate Road A/K/A 31-016 38-2S-29E R/P of Pt of Royal Palms Unit 2 A Lot 2 Block 24 Valda D O/R BK 7196-4,RE#171670-0000 for lk violation of Chapter 12, Sec 12-1 (b) (11)of the Code of Ordinances of the City of Atlantic Beach Florida,and finding that Valda Hector,owner of the property,has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Valda Hector. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida,and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the expense and administrative fees in the following amounts: Expenses: $ 422.72 Administrative Fees: $ 422.72 TOTAL DUE: S 845.44 Executed this J 5 day of Ma. ,2008. CITY OF ATLANTIC BEACH Witnesszt a By: Jam Hanson,City Manager ST: OF FLORIDA COUNTY OF DUVAL Sworn toand subscribed to me this I5._day of 1"'l q. j ,2008 by James R. Hanson who is personally known to me or produced as identification, and who did/did not take an oath. E Nobly S d Flodaa Notary Public, tate of Florida at ge :�'� Narwy E e.rsy ,%p r mycormisamTrown My Commission expires: IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: j DIVISION: 1 THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife,SOURCE ONE MORTGAGE CORPORATION, a foreign corporation,and JOHN DOE and JANE DOE, as unknown tenants in possession, Defendants. NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this court upon a Complaint to foreclose a Claim of Lien against the below described property, brought by the above named Plaintiff against the above named Defendants. AND NOTICE IS HEREBY GIVEN, that the premises affected by the said action, at the time of the filing of this notice, situated in the County of Duval, State of Florida, are described as follows: Lot 2, Block 24, REPLAT OF PART OF ROYAL PALMS, UNIT TWO A, according to plat thereof as recorded in Plat Book 16,pages 16A through 16D, of the current public records of Duval County, Florida. TO THE CLERK OF THE COURTS OF DUVAL COUNTY, FLORIDA: You will please index the above notice to the named Defendants and to the above stated legal description. DATED this day of , 2009 411,41 ALAN C. +7 N,Esquire Florida Bar •• • 809 Attorney f. 'laintiff 935 North Third Street Post Office Box 50457 Jacksonville Beach, FL 32240-0457 (904) 246-2500; FAX: 246-9960 IN THE COUNTY COURT, FOURTH 1 JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife, et al, Defendants. SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL TO: Hartson G. Hector 1208 East 49th Street Brooklyn, NY 11234-1513 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this Summons is served on you to file a written response to the attached complaint/petition with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and names of the parties, must be filed if you want the court to hear your case. If you do not file your written response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book) . If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the person named below. • Alan C. Jensen, Esq. 935 North Third Street Jacksonville Beach, Florida 32250 (904) 246-2500 THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint/petition in this lawsuit on the above-named defendant . DATED ON December , 2009. JIM FULLER CLERK OF THE CIRCUIT AND COUNTY COURTS DUVAL COUNTY, FLORIDA (seal) By: Deputy Clerk IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife,et al,Defendants. / SUMMONS : PERSONAL SERVICE ON AN INDIVIDUAL TO: Valda D. Hector 1208 East 49th Street Brooklyn, NY 11234-1513 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this Summons is served on you to file a written response to the attached complaint/petition with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and names of the parties, must be filed if you want the court to hear your case. If you do not file your written response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book) . If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the person named below. Alan C. Jensen, Esq. 935 North Third Street Jacksonville Beach, Florida 32250 (904) 246-2500 THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint/petition in this lawsuit on the above-named defendant. DATED ON December , 2009. JIM FULLER CLERK OF THE CIRCUIT AND COUNTY COURTS DUVAL COUNTY, FLORIDA (seal) By: Deputy Clerk IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY,FLORIDA CASE NO.: DIVISION: THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife,et al,Defendants. SUMMONS : PERSONAL SERVICE ON AN INDIVIDUAL TO: John Doe and Jane Doe 387 Skate Road Atlantic Beach, FL 32233 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this Summons is served on you to file a written response to the attached complaint/petition with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and names of the parties, must be filed if you want the court to hear your case. If you do not file your written response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book) . If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the person named below. Alan C. Jensen, Esq. 935 North Third Street Jacksonville Beach, Florida 32250 (904) 246-2500 THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint/petition in this lawsuit on the above-named defendant. DATED ON December , 2009. JIM FULLER CLERK OF THE CIRCUIT AND COUNTY COURTS DUVAL COUNTY, FLORIDA (seal) By: Deputy Clerk { IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA 1U CASE NO.: DIVISION: THE CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, ) vs. HARTSON G. HECTOR and VALDA D. HECTOR, his wife, et al, Defendants. SUMMONS : PERSONAL SERVICE ON AN INDIVIDUAL TO: Source One Mortgage Corporation c/o an officer or director 27555 Farmington Road Farmington Hills, MI 48334 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this Summons • is served on you to file a written response to the attached complaint/petition with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and names of the parties, must be filed if you • • want the court to hear your case. If you do not file your written response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements. You may • want to call an attorney right away. If you do not know an attorney, you may call • an attorney referral service or a legal aid office (listed in the phone book) . If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the person named below. Alan C. Jensen, Esq. 935 North Third Street Jacksonville Beach, Florida 32250 (904) 246-2500 THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint/petition in this lawsuit on the above-named defendant . DATED ON December , 2009 . JIM FULLER CLERK OF THE CIRCUIT AND COUNTY COURTS DUVAL COUNTY, FLORIDA (seal) By: Deputy Clerk ALAN C.JENSEN Attorney at Law 935 North Third Street Jacksonville Beach,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile: (904)246-9960(call first) Jacksonville Beach. FL 32240-0457 E-Mail: Alan@AJensenLaw.com January 4,2010 James R. Hanson, City Manager City of Atla:nClc Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach (Liens) 387 Skate Road Dear Jim: My last bill to the City dated December 20, 2009, included the costs for filing the foreclosure on the above property. Those costs are itemized for the filing fee, service of process, and the like, and totaled $520.00. Since the case is temporarily on hold, i will rctc.in that money in my trust account pending fiarther action in the case. In the event the matter is resolved without the necessity of litigation, I can then either return the funds to the City or apply i!iern against a future bill, whichever is better. If you have any questions in this regard,please don't hesitate to contact me. Thanks. Very tru y yours, .• o C. JENSEN ACJisky Cc: Nelson VanLiere, Finance Director