CE 615 Atlantic Blvd. Case #651-01 Sign over ROW I- -TY OF ATLANTIC •BEAC"
C.B. Date: September 3, 2002 Defendants: MR. KELLY E.WILSON
MRS. RUTH WILSON
Case#651-01 Location: 615 ATLANTIC BLVD
A/K/A 10-8 20-2S-29E USD3 SALTAIR SEC 1 LOTS 767, 768, 769, 770
RE# 170665-000-9
Violation:
CHAPTER 17, SEC 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY
Owner Occupied: X Rental: Homestead:Yes No X
Code Enforcement Board Members:
1. Inspection of the property revealed that a violation of the
Code of the City of Atlantic Beach is present. Ownership of
the property was determined through:
Tax Records x Title Search Other
2. The code#(s)and nature of the violation(s) discovered are:
CHAPTER 17, SEC 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY
3. The inspection was prompted as a result of a:
Complaint X Routine Inspection_Other
4.A violation notice was issued to the owner/occupant on: AUGUST 6, 2001 AND AUGUST 8, 2002
5. Notice to the owner-occupant was achieved by:
Certified Mail X Delivery Posting of Property. The method of service meets with
requirements of Florida Statutes 162-12.
6. I did X did not speak with the owner X someone in charge of the property
concerning the violations.
7. Brief description:
In July of 2001 the City's Code Enforcement Office began to investigate all business signs within the
jurisdiction of the City of Atlantic Beach for compliance with City Code. This investigation was prompted
because of complaints received involving the condition and placement of business signs throughout the City.
The business sign located at 615 Atlantic Blvd was one such sign and was found to be in violation of Chapter
17, Sec 17-12; Sign placed within the 5 ft setback and Chapter 17, Sec 17-9; Sign extending above the City's
Right of Way. A certified letter was mailed to Mr. Kelly Wilson on August 7, 2001 allowing 30 days for
compliance.
On December 12, 2002 the City Commission Grand-fathered all existing business signs with the exception of
those that were found to be of a safety risk, were over 25% deteriorated, within 5 ft of power lines, and signs
protruding or overhanging into the City Right of Ways. All businesses signs that were Grand fathered were
notified in writing. Those that were not Grandfather received either a phone call or a personal visit.
Wilson and Wilson received a personal visit in January Of 2002 at which time Mr. Kelly Wilson said that his
wife was handling everything concerning the sign issue. I received a call the next day from a Mr. Taylor of
Taylor Signs, who said he was working with the Wilsons. In May of 2002, I contacted Taylor Signs
concerning the Wilson Sign, and was told that everything was pending. I contacted the Wilsons and was told
by Mrs. Wilson that times were tough but she would work with the Zoning Office about options.
July 3, 2002 no progress had been made towards compliance, a certified letter was mailed to the Wilsons
allowing for 30 days to comply. The letter was received and signed for on July 8, 2002.
PAGE 2
CODE PRESENTATION SHEET
8. The latest inspection was made August 13, 2002.
9. The business sign violation(s) is still present X in compliance_.
10. In order to achieve compliance, it is necessary to correct the violation:
By remove moving the business sign.
11. I do X do not have a photograph of the property and violation as it existed on the property.
It represents a fair and accurate representation of the property at the time it was taken.
12. I would estimate that 14 days for the sign removal would be sufficient time to correct the violation.
13. Further Comments:
None.
14. Summary:
Mr.And Mrs.Wilson have had more then sufficient time to bring their property into compliance with City
Code and that the 14 days to correct the violation is for the removal of the sign. Any relocation or
replacement of the sign will have to be permitted and approved by both the Building and Zoning
Departments.
15. Recommendations:
That Mr. And Mrs. Wilson be found guilty for non-compliance, and per Florida Statute 162.07 (2) be
assessed the full administrative costs of conducting this hearing, and per Florida Statute 162.09
(2)(a) be fined $250.00 dollars a day for every day past the compliance date, up to the full $2,500.00.
If upon the 24'"day, the violation is not corrected, the City of Atlantic Beach be directed to have the
sign removed and that all costs incurred be billed to Mr. And Mrs. Wilson.
Respectfully submitted,
Alex Sherrer
Code Enforcement Officer
Code Enforceme kdministrative Charges for Pres ation to the Board
Pursuant to Florida Statute 162.07 (2)the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to the violator provided he or she are found in violation.
Code Enforcement Board Meeting: September 3, 2002
Case Number; 651-01: Mr. Kelly E Wilson & Mrs. Ruth Wilson, 615 Atlantic Blvd, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 14.95 per hour x 13 hours = $194.35
Code Enforcement Secretary, $ 10.00 per hour x 3 hours = $ 30.00
Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00
Postage, Certified Mail, $ 3.74 x 2 = $ 7.48
Copies, Xerox $ .10 x 140 pages = $ 14.00
Total Charges $495.83
September 3 2002
Alex Sherrer
Code Enforcement Officer
Sec. 17-9. Minimum height above sidewalks; maximum projection.
No sign of any kind shall be permitted to extend into or above, or be anchored or placed in, any portion of the right-of-way
of a city street or public sidewalk, except official city, state and county signs, unless the signs be permanently attached to
an existing building and be located more than eight (8) feet above the sidewalks or finished grade, and extend not more
than eight (8) feet in a horizontal direction from the building to which attached, and in no case closer than one (1) foot to
the curb line.
(Ord. No. 60-97-10, § 1, 7-14-97)
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EVIDENCE OF VIOLATION
EXHIBIT 4
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August 20, 2002 2:00PM
Business Sign Over City Right Of Way
PROOF OF HEARING NOTIFICATION
EXHIBIT 3
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 651-01
August 15, 2002 BY CERTIFIED MAIL
Mr. Kelly E. Wilson &
Mrs. Ruth Wilson
615 Atlantic Blvd.
Atlantic Beach, FL 32233
Dear Mr. &Mrs. Wilson:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to
hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on TUESDAY, the 3rd day of September, 2002, AT 7:30 P. M. at Atlantic
Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the
following Section(s) of the Code of the City of Atlantic Beach: Chapter 17, Section 17-9
BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY. It is alleged that you are
in violation of the above enumerated code section(s) in that there exists on the premises located
at 615 Atlantic Blvd., Saltair Sec 1 Lots 767, 768, 769, 770, of the City of Atlantic Beach, the
following condition(s): a business sign for Wilson & Wilson Optical that extends over the
city right of way.
The Code Enforcement Board has the power to levy fines up to $250.00 per day for the
first offense and $500.00 for the second offense against the property, if a violation is found to
exist beyond the date set by the Board for compliance. If the violation is corrected and then
recurs or if the violation is not corrected by the time specified for correction by the code
inspector, the case could be presented to the enforcement board even if the violation has been
corrected prior to the board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Athena Shearer, Secretary of the Code Enforcement Board within five
days of the receipt of this notice at 247-5810. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event an appeal should be secured at your expense.
ATTEST: Sincerer
/ _ ZAZI. r dA4. al I ••"
Athena Shearer is M. S•• ders, Jr.
Secretary Chairman, Code Enforcement Board
•
•
•
•
•
•
•
SENDER: COMPLETc THIS SECTION COMPLETE THIS SECTION ON DELIVERY,
• Complete items 1, d 3.Also complete A. Si. . _ l
item 4 if Restricted Delivery is desired. �' ❑Agent
• MIPrint your name and address on the reverse C / 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. t livery �,
• Attach this card to the back of the mailpiece, ^L
or on the front if space permits. 0
D. Is delivery address different from item 1? 0 s
1. Article Addressed to: ` If YES,enter delivery address below: 0 No
• KeAki R,ukiYn W,l5°‘r)
•
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rri
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Regis +c red J��= --% - -. • for Merchandise
4. RestrictedcD�livery? -4L4-
0 Yes
� g J
2. I O
ARICIe"NIJm e-r��r.� C� �y
t raifl9Ar labs 1 I H&)kb t 1-ii.31 (Qz /
PS Form 3811,August 2001 Domestic Return Receipt 102595-o1-M-2509
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
DEFENDANT: KELLY & RUTH WILSON
CASE NO: 651-01
AFFIDAVIT
STATE OF FLORIDA)
) ss.
COUNTY OF DUVAL)
BEFORE ME, the undersigned authority, personally appeared Alex Sherrer who,
upon being duly sworn, deposes and says:
1. He is the Code Enforcement Officer for the City of Atlantic Beach
Florida.
2. He has posted notice on August 20, 2002, at City Hall, 800 Seminole
Road, Atlantic Beach, Florida, and at 651 Atlantic Blvd. to the
Defendants, Kelly & Ruth Wilson, regarding violation set forth in Case
No. 651-01.
FURTHER AFFIANT SAYETH NOT
ALEX SHERRER
Sworn to and subscribed before me by Alex Sherrer, who is personally known to
me, this 20th day of August 2002.
6.°
NOTARY PUBLIC
:.y4., Patricia Arnonette
k" MY COMMISSION# CC947012 EXPIRES
August 27,2004
'�•'"• 0•. BONDED THRU TROY FAIN INSURANCE,INC
•
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 651-01
August 15, 2002 BY CERTIFIED MAIL
Mr. Kelly E. Wilson &
Mrs. Ruth Wilson
615 Atlantic Blvd.
Atlantic Beach, FL 32233
Dear Mr. & Mrs. Wilson:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to
hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on TUESDAY, the 3rd day of September, 2002, AT 7:30 P. M. at Atlantic
Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the
following Section(s) of the Code of the City of Atlantic Beach: Chapter 17, Section 17-9
BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY. It is alleged that you are
in violation of the above enumerated code section(s) in that there exists on the premises located
at 615 Atlantic Blvd., Saltair Sec 1 Lots 767, 768, 769, 770, of the City of Atlantic Beach, the
following condition(s): a business sign for Wilson & Wilson Optical that extends over the
city right of way.
The Code Enforcement Board has the power to levy fines up to $250.00 per day for the
first offense and $500.00 for the second offense against the property, if a violation is found to
exist beyond the date set by the Board for compliance. If the violation is corrected and then
recurs or if the violation is not corrected by the time specified for correction by the code
inspector, the case could be presented to the enforcement board even if the violation has been
corrected prior to the board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Athena Shearer, Secretary of the Code Enforcement Board within five
days of the receipt of this notice at 247-5810. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event an appeal should be secured at your expense.
ATTEST: Sincerely
ri" ! 4 / 112
Athena Shearer is M. S. ders, Jr.
Secretary Chairman, Code Enforcement Board
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615 Atlantic Blvd Hearing Notification
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615 Atlantic Blvd Hearing Notification Posted
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City Hall Hearing Notification Posted
7
PROOF OF OWNERSHIP
EXHIBIT 1
OL100I01. ity of Atlantic Beach 8/06/01
_usiness Master Inquiry 15 : 05 :21
Business control 3334 Location ID . . . : 97986
Business name & address Mailing address
WILSON & WILSON OPTICIANS, INC 615 ATLANTIC BLVD
615 OL ATLANTIC BLVD ATLANTIC BEACH FL 32233
ATLANTIC BEACH FL 32233
Date opened . . . : Contractor flag . . .
Federal tax ID . : Type of ownership . .
Business phone . : 904 249-2020 Emergency phone . . .
Status A Status date 6/10/92
Owner Information
KELLY E. WILSON Phone •
Press Enter to continue.
F3=Exit F5=Display officers F7=Miscellaneous information F9=Display licenses
F12=Cancel
citizen business
1 tl � ' ' '" visitor
—co site index
int°
Duval County Tax Collector
REAL ESTATE TAX SUMMARY
REAL ESTATE NO.: 170665-0000-9
NAME: KELLY W/ RUTH WILSON
ADDRESS: 615 ATLANTIC BV
MAILING ADDRESS FOR THE PROPERTY:
110 SOLANA RD
PONTE VEDRA BEACH FL 32082
LEGAL DESCRIPTION OF PROPERTY:
10-8 20-2S-29E USD3
SALTAIR SEC 1
LOTS 767,768,769,770
TAX INFORMATION:
Assessed 199073 Govt. Tax 199073 Exempt Code
Value: Value:
RE Tax Lien Amt. Non Ad Val By Int.Amt. By Pen Amt. Gross Tax
4,026.18 .00 .00 .00 .00 4,026.18
CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN:
November December January February March April
3,865.13 3,905.39 3,945.66 3,985.92 4,026.18 4,150.72
PAYMENT INFORMATION:
Paid Code: PAID Paid Date: 06/23/2000 Exception 000
Code
This Assessment Is Being Paid By Installments— For Payment Information -Contact
(904) 630-2000
rx-C- 51
Home Property Mapp-IT Map-It Feedback Payment Feedback Appraisal Feedback
Appraisal
City of Jacksonville
Citizen Information I Business Information I Visitor Information
{
PROOF OF VIOLATION NOTIFICATION
EXHIBIT 2
•
PS Form 3800,April
0 0,� T Cl) 0 13 - � [nOznnc
m -1 m E. -a C m H O m 0 0 (n
3 ' s a-a 3 E 2. : m' �m�= m
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........,!
August 6, 2001
Mr. Kelly W.Wilson
615 Atlantic Blvd
Atlantic Beach, FL 32233
Subject: City Code: Chapter 17, Signs and Advertising Structures
Dear Mr. Wilson,
Tax records have identified you as the owner of the following property in Atlantic Beach, Florida:
Re: 615 Atlantic Ave
A/k/a 10-8 20-2S-29E USD3 Saltair Sec 1 Lots 767, 768, 769, 770
RE# 170665-0000-9
The City of Atlantic Beach has recently received numerous complaints concerning the location and condition of
business signs throughout the City. Investigation by the Code Enforcement Office found these complaints to be
justified, with many business signs being in poor condition, of improper size and dimension, or improperly
located. Your property has been identified as being in violation of one or more of the City Sign and Advertising
Structure Ordinances.
While the condition of the business sign located above the sidewalk on Atlantic Blvd is not at issue, your sign
was not in compliance with the following codes:
1. Chapter 17, Section 17-9: Sign illegally extending into the City Right of Way
2. Chapter 17, Section 17-12: Sign located within five foot setback
3. Chapter 17, Section 17-3 No bond/public liability insurance indemnifying City against loss.
4. Chapter 17, Section 17-17 Sign not in compliance with City Code
You can comply by either removing your business sign, or relocating it to an acceptable location within 30 days
of your receipt of this letter. If you elect to relocate or replace this sign, you are required to submit plans to the
Atlantic Beach Zoning Office for approval and to procure a building permit from the Atlantic Beach Building
Department. Both of these departments are located at the Atlantic Beach City Hall. If you plan to relocate or
replace your business sign and it's anticipated completion will exceed the thirty days, you will be required to
procure the proper liability insurance while your existing sign is in the City Right of Way.
Furthermore, you are reminded of have responsibilities as a property/business owner, and that failure to comply
can result in fines of up to$500.00 a day, per violation, from the Code Enforcement Board.
Should you have any questions, comments, or concerns, you can contact the following Departments at these
numbers: Code Enforcement (904) 247-5855, Zoning (904) 247-5817, Building Permits (904) 247-5826.
000%,/677/ sf '.'31'
ALEXANDER J. SHERRER
Code Enforcement Officer
C: Public Safety Director
II. . -os a ervice
CE' D MAIL RECEIPT
' (Do Nail Grri;E;No Insurance Cc>5veragp°rovided)
S rL>l r
fel
J 1 .. ,t. ..D
-.--,,,t, 4 '1.1' r-1 Postage $
, J rn
'l::. .. -. 'ri
J � rK yr N Certified Fee
- S Postmark
-� -sem.. ..:
Return Receipt Fee Here
(Endorsement Required)
4_J1319 o Restricted Delivery Fee
p (Endorsement Required)
Total Postage&Fees $
July 3, 2002 ' A r'f�
ErSent ToA /• p j l/�/ l
Mr. Kelly E. Wilson ra Street,Apt No.; �J
or PO Box No.
C/O Wilson & Wilson Opticians, Inc N city,State,ZIP+4 --'--"-"-"—-- __.
615 Atlantic Blvd
Atlantic Beach, FL 3223 3 PS Form 3800,January 2001 See Reverse for Instruction
Subject: City Code, Chapter 17, Signs and Advertising Structures
Dear Mr. Wilson,
Consider this an Official Notification of Violation. City tax records have identified you as the owner
of Wilson& Wilson Opticians, Inc, located at 615 Atlantic Blvd in the City of Atlantic Beach. Your ,
business sign located on Atlantic Blvd has been identified as being in violation of the sign ordinance,
Chapter 17, Section 17-9, Sign illegally extending into the City Right of Way.
On August 8, 2001, your business received and signed for a certified letter advising you of this
violation and that you were given 30 days to either remove said sign or apply for the appropriate
permits to either replace or relocate the illegal sign. Almost a year has pasted and there has been little
to no contact with your office, and there's no evidence that you are in the process of complying with
City Code.
Unless the Code Enforcement Office receives substantial proof that you are working towards E.
compliance, you will be required to remove the illegally placed sign within 30 days of your receipt of
this notification. Failure to comply will result in Code Enforcement action, which can result in fines of
up to $500.00 per day, per violation from the Code Enforcement Board
Should you have any questions concerning this matter, I can be reached at (904) 247-5855.
€:
idlit/1".
ALEXANDER , SHERRER
Code Enforcement Officer
C: Public Safety Director
Building Department
Zoning
•
•
. N3 clod - - -_- .,..»4:,r.,.._,..--__ ... .-. - .. _.
• SENDEi - - E2L9 TELh 7000 Oh6T 'LOOT'_
■Complete items 1 and/or 2 for additional services. t ais0 wish to receive the
"ii ■Complete itemsb
3,4a,and 4 . following services(for an
O ■Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
sAttach this form to the front of the mailpiece,or on the bads if space does not 1. ❑ Addressee's Address Z
W permit. o
at ■Write'Retum Receipt Requested'on the mailpiece below the article number. . 2. 1:3Restricted Delivery N
■The Return Receipt will show to whom the article was delivered and the date «I
c delivered. Consult postmaster for fee. m
mi 3.Article Addressed to: % 4a.Article Number o
o mY_ �/ ��Wl ls�'1 "7Q2/ I9UO!ti�0 '1311x'723 ¢.
KCIJ: C
. �yy� ,( 4b.Service y /C
� Q �v' I �" w�Q 5 ❑ Regist-qZ'l .\\/. � Certified cc
CD„ I /�-F-1 a� C.l ❑ Expre• i't:it (� •�t Insured
lU „
N4010+16— 1 ��
J ❑ Return" ,t •r Myr►• . •. COD
[
3j2-2- 7.Date of a-1;. : ' o
V.�►1, ,..s. 1 ~
5.Received By: (Print Name) 8.Addressee's Address(Only if requested II
I_
D _ ChRa.- and fee is paid)
g 6.Signrr :: (Address or Agent) I
a
PS Form 3811, December 1994 102595-97-8-0179 Domestic Return Receipt I
SENDER:COMPLETE THIS-SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) ,, Delivery
item 4 if Restricted Delivery is desired. /Xi�_
• Print your name and address on the reverseC {Jrf
sore
thatcan return the card to you. ��
Attach■ this card to the back of the mailpiece, 0 Agent
or on the front if space permits. _ ❑Addressee
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
,t,r K2.2,Q 6 vv. V�/I 1 (i1/4-. SiS11JJ ctO I (etn�hV b of-
AUG
vc
0
3. Service Type rr1"1nn 11
�� �� IR/Certified Mail 9: a.r2�JA�I �^ -
0 Registered
3f. erchandise
2 3 0 Insured Mail 0
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Artie _ - - —--- --- - — -
PS Fo - 2595-99-M-1789
01/13/2003 11:25 FAX 9042730571 SUZANNE W GREEN, PA con
01/08/03 WED 16:23 FAX 9042475433 ANDERSON AND HOWELL 001
I i
ANDERSON & HOWELL, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
WARREN K. ANDERSON, JR' 2029 North Third Street
JAY C.HOWELL Jacksonville Beach,FL 32250-7429
KENNETH C. HOWELL TELEPHONE 904/247-1972
RICHARD,A. STAGGARD FACSIMILE 904/247-5433
P. HEATH;BROCKWELL
HENRY PIERCE MOWRY
BRUCE A'GARTNER
FACSIMILE
To: Suzanne Green
kax: 273-0571
From: Warren K. Anderson,Jr.
Date: January 8,2003
Re: Wilson sign predicament
Pages to follow: 0
Dear Suzanne:
As ',a follow up to our Conversation this afternoon, I checked further on some factual
background regarding the Wilson sign situation. The initial code enforcement board meeting was
on September 3,2002. The board encouraged the Wilsons to meet with Sonia Doerr about the sign
problem and they didL In fact,M ,Doerr actually approved their sign design on September 5,2002.
Ms. Doerr then directed the Wilsons to Don Ford's office.
Mr: Ford's office informed the Wilsons that their sign permit would be approved.
Unfortunately,shortly thereafter Mr.Ford withdrew his approval and directed them back to thcir sign
design person, Randy Taylor, to deal with the issue of wind Ioad certification of the sign. The
Wilsons were working on these issues when they were informed that they had been fined by the
Code Enforcement Board on November 3, 2002 although they had not been given notice for that
meeting(it is my understanding that you, Suzanne, were also not at that meeting).
In Alexander Skierrcr's violation notification letter to the Wilsons he stated that the Wilsons
could be fined unless they showed"substantial proof that you are working towards compliance."The
Wilsons were working toward compliance—having almost been granted approval by both the zoning
and building departments. They should have been allowed to present their case before being given
such a fine:
We would appreciate the 3oard suspending this fine. I will be attempting to work this matter
out through the zoning office m an effort to secure a variance for certain of the sign requirements
given the very special circumstances of this case. Thank you for your consideration.
a‘...
No. 38296
CITY OF `
ATLANTIC BEACH When Validated, This
FLORIDA Becomes an Official Receipt.
— / S 2003
NAME 4,f)t n— (14...rrA-
ADDRESS
CITY
OW- 1 :760 DC7
5 3�
(-'61 66-
4'
Opeer: DSNITR Type: OC Drawer: 1
Date: 1%15/03 01 Receipt no: 27087
53 CLERK-FINES & FO 1 $500.10
00100003511000
CK CHECKS 10177 mt.*
Trans date: 1/15/03 Tile: 12:02:s--4
• • 11/06/2002 16:47 9043963777 TAYLOR SIGN COMPANY PAGE 01
FAX
TAYLOR SIGN & DESIGN, INC.
DATE )) • (e' 05. FROM t&e vie=. r
NUMBER OF PAGES a FAX (904) 396-3777
(Includes Cover Page) PHONE (904) 396-4652
TO 1 REMARKS:
C i 4y 0c ARCAn [. Be4c
ATINA' x D Urgent
O Reply ASAP
PHONE O For your Review
FAX o1`i 7 - 5 g O S 0 Please Comment
}lex,
N•ere i5 4 qud4c, yvv as ka 4- C.c,f" down
y ton slri L i Isos .k Lidson Ioc4,'oy) . l-c`
ke5-4-iong p leas_ cd11 ,
•
a►,ks,
4162 St. Augustine Road • Jacksonville, FL 32207
l AYLUK 51UN UUMVFWY rattat uz
•11/06/2002 16:47 9043963777
YI.OR IGN&
DESIGN INC,
4162
. a;t1 at Mai Estimate
Jacksonville, Fl 32207 Estimate*
Ph. (904) 396-4652 11/06n002 1570
Fax(904) 396-3777
Customer
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233-5445
SUBMITTED TO: PHONE* / FAX*
ALEX 904-247.5800/904-247-5805
Qty Item Description Rate Total
1 Installation TO CUT DOWN PYLON SION FROM WILSON&WILSON ON ATLANTIC BLVD. 250.00 250.001
(WILL REQUIRE CRANE TRUCK)
I Marc. TO REMOVE SIGN FROM PROPERTY AND DISPOSE OF 150.00 150.00T
SUBTOTAL 400.00
•••PLEASE PROVIDE US WITH A DR-13(RESALE CERTIFICATE)
Exempt from Sala Tax 0.00% 0.00
50%DOWN,BALANCE DUE UPON COMPLETION Total x.00
Approval Signature:
Date:
3
•
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA
Petitioner,
vs. CASE NO.: 651-01
KELLY AND RUTH WILSON
Respondents
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on September 3,2002,
and the Board having heard testimony under oath,received evidence,and heard arguments respective to all
appropriate matters,and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That Kelly and Ruth Wilson are the owners of record of the property located at 615 Atlantic
Boulevard,Atlantic Beach,Florida,RE# 170665-0000.
2. That notice was served on Kelly and Ruth Wilson and that they were present at the hearing.
3. That previous notifications of the violation of Chapter 17,Section 17-9 of the Code of
Ordinances for the City of Atlantic Beach,Florida were made and served on the Property
Owners as stated in the Affidavit and Notification of Violation received by the Board as
evidence in this hearing.
CONCLUSIONS OF LAW
That Kelly and Ruth Wilson own a sign on said property that is in violation of Chapter
17,Section 17-9 of the Code of Ordinances of the City of Atlantic Beach,Florida and have
failed to correct such violation as of this hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the
authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of
Atlantic Beach,it is hereby ORDERED:
THAT the Respondents have 2 weeks from September 3,2002 to plan the
replacement/removal of the sign in violation.
THAT the Respondents have 2 weeks after planning to replace/remove the sign in
violation.
THAT total compliance must be achieved on or before October 1,2002,or a fine
may commence and shall continue to accrue per day until complete compliance is
achieved.
THAT a fine may be assessed per day per occurrence for any future violations.
THAT the Code Enforcement Officer must approve any extension in time.
THAT the Respondents must pay Code Enforcement Hearing Administrative Expenses in
the amount of$495.83 within 30 days of the hearing.
Failure to comply with this Order within the specified time will result in the recordation
of this Order Imposing Fine,which constitutes a lien upon any real or personal property
owned by the violators and may be foreclosed,and your property sold to enforce this lien. If
such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien.
The Code Enforcement Board is authorized to foreclose,collect,or settle said
lien using any legal or equitable remedies available,after three(3)months from the filing of
any lien,which remains unpaid.
This Order becomes self-executing upon an Affidavit of Non-Compliance being
filed with the City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS c day of C ,2002.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
B
Curtis Sander ,Jr.,Chairman
Attest:
i , 11 ! ,.L'_11
Athena Shearer,Secretary
•
ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH Complaint No. 651-01
Petitioner,
vs.
KELLY AND RUTH WILSON
Respondents
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF DUVAL
I, Alexander J. Sherrer, Code Enforcement Officer for the City of Atlantic Beach who, after being duly
sworn, deposes and says:
1. That on September 3, 2002 the Board held a public hearing and issued its order in the above
styled-manner.
2. That pursuant to the said Order, Respondents were directed to take certain corrective action
by or before October 1, 2002.
3. That a re-inspection was performed on October 14, 2002.
4. That the re-inspection revealed that the corrective action ordered by the board has not been
taken in that no plans were provided for approval, no request for an extension was
requested, and that the business sign continues to remain in violation.
FURTHER AFFIANT SAYETH NOT.
Dated this 15`h day of October, 2002 i11J
Sign.ture of Code forcement Officer
Ref rDL S66o--o/c-So-368-0
PERSONALLY appeared before me, the undersigned authority, duly authorized to administer oaths
and take acknowledgments, Alexander J. Sherrer who first being duly sworn, acknowledges before me
that the information contained herein is true and correct. He is personally known to me and has
produced a Florida drivers license as identification and did take the oath. •
WITNESS hand and official seal this October 15, 2002
ti) iu eG\_,
Notary Public—S ,t;. of lorida
MAUREEN KING
v MY COMMISSION#DD 095080
�:. EXPIRES:March 31 2006
• Rr�h ; Bonded Thru Notary Public Underwriters
•
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
Petitioner,
vs. CASE NO.: 651-01
KELLY AND RUTH WILSON
Respondents
ORDER IMPOSING FINE
Based upon the Affidavit of Non-Compliance, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the
City of Atlantic Beach, it is hereby ORDERED:
THAT the Respondents pay $2,500 for failure to comply with the Board's
Order dated September 6, 2002.
THAT the Respondents have 60 days from November 12, 2002 to pay this
fine, and if not paid by January 13, 2003 a lien shall be filed against the
property located at 615 Atlantic Boulevard, Atlantic Beach, Florida.
THAT the Respondents have an additional 14 days from November 12,
2002 to correct the violation.
THAT the City will remove the illegal sign and charge all expenses to the
Respondents if the violation is not corrected by November 26, 2002.
Failure to comply with this Order within the specified time will result in
the recordation of this Order Imposing Fine, which constitutes a lien upon any
real or personal property owned by the violators and may be foreclosed, and
your property sold to enforce this lien. If such lien is filed, you will be
assessed all costs incurred in recording and satisfying this lien.
The Code Enforcement Board is authorized to foreclose, collect, or
settle said lien using any legal or equitable remedies available, after three (3)
months from the filing of any lien, which remains unpaid.
This Order becomes self-executing upon being filed with the
Atlantic Beach City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS/S day of x/0)1 ,
2002.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT B•
mode
Curtis Sander:, Jr., Chairman
Attest:
419/4' 0
SA_0-h.c2)\-
Athena Shearer, Secretary
ATTENTION: It is your responsibility to notify Alex Sherrer, Code
Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the
violation has been corrected.
OF
C
S \ CIITBEACH
"��;> l; 800 SEMN ROAD
J �' \ ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE:(904)247-5800
! i..w . J FAX:(904)247-5805
'» ;,:.:--',. - .;v,) SUNCOM:852-5800
http://ci.atlantic-beach.fl.us
-1.4 Wilk/
Ruth and Kelly Wilson
C/O Wilson and Wilson Optical
110 Solana Rd
Ponte Vedra, FL 32082
December 16, 2002
Subject: Request to appeal fine issued under Code Enforcement Case# 651-01
Dear Mr. and Mrs. Wilson,
Consider this as a confirmation to your request to appear before the Code Enforcement Board to
appeal the fine issued under Code Enforcement Case# 651-01. Your request for appeal has been
placed on the agenda for the next Code Enforcement Board Meeting. The next Code Enforcement
Board meeting will be held on Tuesday, January 14, 2003 at 07:30 pm in the Commission
Chambers of the Atlantic Beach City Hall.
Should you have any additional questions concerning this matter, I can be contacted at(904) 247-
5855.
Z/Z4‘w,a4l /Aar/a/7
ALEXANDE J. SHERRER
Code Enforcement Officer
Ruth and Kelly Wilson
C/o Wilson & Wilson Optical
110 Solana Road
Ponte Vedra, FL 32082
December 12, 2002
City of Atlantic Beach
Code Enforcement Board
800 Seminole Road
Atlantic Beach, FL 32233-5445
To Whom It May Concern:
We respectfully request we be allowed to address the Code Enforcement Board at the
upcoming meeting Tuesday, January 14, 2003 regarding the fine levied in case no. 651-
01. Please notify us at the above address of the board's decision regarding this
request.
Sincerely,
44e ()6,1a,71J'
Ruth Wilson
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. . CITY OF ATLANTIC BEACH
4-1• 800 SEMINOLE ROAD
J� ;. ATLANTIC BEACH,FLORIDA 32233-5445
Sid TELEPHONE:(904)247-5800
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December 10, 2002
Ruth Wilson
Wilson&Wilson Optical
615 Atlantic Boulevard
Atlantic Beach, Florida 32233
Re: Replacement of nonconforming pole sign at 615 Atlantic Boulevard
Dear Ms. Wilson:
I write in response to your phone call of yesterday. If the existing sign, which continues to be
the subject of code enforcement action, must be fully removed and replaced in order to meet the
structural and engineering requirements of the Florida Building Code, then the replacement sign
must comply with currently effective sign regulations. This is not a new provision of the sign
regulations that were amended in November of this year; the previously effective sign
regulations required that nonconforming signs be brought into compliance when there were any
changes to the structural supports of the sign. Accordingly, if the existing pole sign is fully
removed, the new sign must comply with all applicable provisions of Chapter 17 of the City
Code, or alternatively, you have the right to seek a waiver from the City Commission of certain
provision of Chapter 17. Please be advised, however, that any such waiver could not exempt the
sign from full compliance with the Florida Building Code. You may contact me at 247-5817 or
by e-mail at sdoerr@ci.atlantic-beach.fl.us with any questions.
Sincerely,
��chJ�
Sonya D err,AICP
Community Development Director
cc: Don Ford, CBO, Building Official
Alexander Sherrer, Code Enforcement Officer
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December 2, 2002
Mr. Kelly &Ruth Wilson
615 Atlantic Blvd
Atlantic Beach, FL 32233
Subject: City Code,Chapter 17, Signs and Advertising Structures
Dear Mr. And Mrs. Wilson,
Consider this as a confirmation to your request to only remove the top portion of your business sign.
I've confirmed with the Zoning and Planning Director, Ms Sonya Doerr that your proposal will satisfy
the requirements of the Code that was in affect at the time of the violation. However,you are
reminded that this does not relieve you of properly maintaining any portion of what remains and that
any future modifications or changes to your business sign will require proper permitting and plan
approval.
Should you have any further questions concerning this matter, I can be reached at(904)247-5855.
e- ' ' r. ','6r /7
ALEXANDER f, SHERRER
Code Enforcement Officer
C: Public Safety Director
Building Department
Zoning
CODE ENFORCEMENT BOARD MEETING
NOVEMBER 11, 2002
WILSON & WILSON: Sign extending over Right of Way
1.Sept 3, 2002, Case# 651-01 Found in violation of City Ordinance Chapter 17,
Sec17-9
a. Given 2 weeks to have plans approved for correcting violation.
b. Given an additional 2 weeks to correct violation.
c. Code Enforcement Officer granted authority to grant extension for
contacted work.
d. Respondents to pay $495.83 in administrative fees within 30 days..
2. Nov 12, 2002, Status
a. Sign is still in violation.
b. No extension requested.
c. Administrative fees not paid.
d. Code enforcement has received no communication from the Wilsons.
3. Recommendations
a. Recommend a $2,500.00 fine be levied against the Wilsons for failure to
comply with the Boards Order. Fine is within Florida Statute 162.09 of
maximum $250.00 per day for first time violation.
b. Recommend board grant 60 days to pay fine, if not paid at the end of 60 days
a lien shall be placed against the property at 615 Atlantic Blvd.
c. Recommend an additional 14 days be granted to correct violation.
d. Recommend board direct the City remove the illegal sign and charge all
reasonable costs to the Wilsons if the violation is not corrected by November
26, 2002.
e. That a lien be placed against the property at 615 Atlantic Blvd for the pal
due administrative fees.
Special Notes:
1. Recommend all future Code Enforcement Board Meetings be
scheduled for the 2"d Tuesday of their scheduled month.
2. December 10, 2002 possible special meeting.
3. Monthly Report.
914
46
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