Loading...
CE 31 17th Street Case #1045-02 FBC C 'Y OF ATLANTIC BEACI C.B. Date: JANUARY 14, 2003 Defendants MR. MICHAEL L. SMITH MRS. VICTORIA H. SMITH Case# 1045-02 Location: 31 17TH ST A/K/A 20-20 09-2S 29E USD3 OCEAN GROVE UNIT NO 2 LOT 17 RE# 169612-0000-1 Violation: CHAPTER 24,SEC 24-66(b)FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE Owner Occupied: X Rental: Homestead: Yes X No 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 24,SEC 24-66(b) FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE a. Florida Building Code, Section 104.1 Permit Required b. Florida Building code, Section 105.6 Inspections Required 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: OCTOBER 16, 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 did not X speak with the owner X someone in charge of the property concerning the violations. 7. Brief description: On September 9, 2002, received a copy of a letter from the Building Department concerning Mr. Michael L. Smith's failure to comply with the Building Codes of both the City of Atlantic Beach and the State of Florida. Despite numerous opportunities, Mr. Smith failed to bring his property into compliance. In March of 2000, Mr. Smith enclosed his carport without obtaining a proper building permit, without providing the Building Department with the required plans, and without obtaining the required inspections. On October 9, 2002, a Certified Return Receipt Letter was formatted, allowing 2 weeks for Mr. Smith to provide the appropriate plans to the building department and obtain the required permits. The return receipt card was returned on October 16, 2002. With the exception of a call from someone identifying himself as an architect, who promised to have the plans into the Building Department on the week of November 11, 2002, the Code Enforcement Office has received no additional contact from Mr. Smith or his representative. As of December 16, 2002, no progress has been made towards compliance. • • PAGE2 CODE PRESENTATION SHEET 8. The latest inspection was made December 16, 2002. 9. The violation(s) are still present X in compliance_. 10. In order to achieve compliance, it is necessary to correct the violation: By providing the Building Department with all required documentation and procuring the proper permits, or make the carport as original, or to condemn the property as unsafe. 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 would be sufficient time to correct the violation. 13. Further Comments: None. 14. Summary: Mr. and Mrs. Smith have had more then sufficient time to bring their property into compliance with City Code and that considering the length of time that has pasted, that 14 days is more then sufficient time to comply. 15. Recommendations: That Mr. And Mrs. Smith 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, per violation for every day past the compliance date. Respectfully submitted, da/jda /I Alex Sherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation 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: January 14,2003 Case Number; 1045-02: Mr. Michael L Smith &Mrs.Victoria H Smith, 31 17th St,Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.78 per hour x 8.5 hours = $176.63 Code Enforcement Secretary, $ 15.45 per hour x 3.5 hours = $ 54.08 Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00 Building Inspector, $ 45.91 per hour x 3 hours - $137.73 Postage, Certified Mail, $ 4.42 x 3 = $ 13.26 Copies, Xerox $ .10 x 156 pages = $ 15.60 Total Charges $647.30 December 16, 2002 Alex Sherrer Code Enforcement Officer • SECTION 104 PERMITS §104.1 Permit application §104.1.1 When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. EXCEPTIONS: 1. Permits shall not be required for the following mechanical work: 1.1. any portable heating appliance; 1.2. any portable ventilation equipment; 1.3. any portable cooling unit; 1.4. any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code; 1.5. replacement of any part which does not alter its approval or make it unsafe; 1.6. any portable evaporative cooler; 1.7. any self-contained refrigeration system containing 10 lb (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less; and 1.8. The installation, replacement, removal, or metering of any load management control device. • §105.6 Required inspections. The building official upon notification from the permit holder or his agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: • stem-wall • monolithic slab-on-grade • piling/pile caps • footers/grade beams 2. Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • window/door framing • vertical cells/columns • lintel/tie beams • framing/trusses/bracing/connectors • draft stopping/fire blocking • curtain wall framing • energy insulation • accessibility. 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • roof sheathing • wall sheathing • sheathing fasteners • roof/wall dry-in. 4. Roofing inspection: Shall at a minimum include the following building components: • dry-in • insulation • roof coverings • flashing. 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 7. Demolition Inspections: • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exit during or after demolition operations. • Final inspection to be made after all demolition work is completed. • Electrical 1. Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. NOTE: See §P312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have seen so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Sec. 24-66. Development and uunstruction within zoning districts. (a) Temporary construction trailers or structures. (1) Subject to the following provisions, any person may obtain a building permit for the construction and/or use of a temporary trailer or structure to be used as a construction shed and tool house for contractors and construction workers on the site. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction, and shall be immediately removed upon completion of the construction project or the expiration of a period of six (6) months, whichever comes sooner, from the date of issuance of the building permit. (2) It shall be a violation of this section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written permission from the city commission. (3) Construction trailers and structures shall not be used for the purpose of living quarters, and the trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words "construction office" in full view. (b) All structures. All structures shall be constructed, altered, repaired, enlarged, moved or demolished in accordance with applicable provisions of the Florida Building Code as well as all applicable federal, state and local regulations applying to the use and development of land. The issuance of building permits verifying such compliance shall be administered by the building official. (Ord. No. 90-01-172, § 2, 11-26- PROOF OF OWNERSHIP EXHIBIT 1 Parcel Summary - Current Ownership and Sale Information - Updated Weekly RE No.: 169612 0000 Owner's Name: SMITH , MICHAEL L Property Address: 31 17TH ST Unit No. ATLANTIC BEACH 32233 Mailing Address: 31 17TH ST ATLANTIC BEACH , FL 32233-5809 Property Use: 0100 SINGLE FAMILY Legal description: 20-20 09-2S-29E OCEAN GROVE UNIT NO 2 LOT 17 Neighborhood: 003097 OCEAN GROVE UNIT 02 Sec-Twn-Range: 09-2S-29E OR BK& Page: 09328-0857 Map Panel: 554 4 Sale Date: 5/20/1999 No. Buildings: 1 . Sale Price: $280,000.00 Heated Area: 1621 Exterior Wall: BOARD &BATTEN Parcel Summary-Values & Taxes from the 2002 Certified Tax Roll Land Value: $158,400.00 Class Value: $0.00 Improvements: $99,824.00 Taxing Authority: USD3 Market Value: $258,224.00 County Tax: $1,603.25 Assessed Value: $258,224.00 School Tax: $1,949.52 'Exempt Value: $25,000.00 District Tax: $739.81 Taxable Value: $233,224.00 Other Tax: $116.73 Sr. Exempt: $0.00 Voted Tax: $135.32 Sr. Taxable: $0.00 Total Tax: $4,544.63 This page displays values from the 2002 Certified Tax Roll with weekly updates of ownership & sales. Map-It maps & data are updated & maintained by COJ-GIS, not the PropertyAppraisers Office. Please direct inquiries regarding the maps & data to Map-It Feedback (below), not the Property Appraisers Office. Maw-It Feedback rI 12r \ '. Home PRC New Map-IT Taxes Payment Feedback Appraisal Feedback Ce este Contac ® aea=c- ()aloes Wobsie c'v e Qty of JaMsonva:ie.Honda Duval County Tax Collector 2002 Real Estate Tax Summary Property Information Real Estate No. 169612-0000-1 Name MICHAEL L/VICTORIA H SMITH Address 31 17TH ST Mailing Address for the Property 31 17TH ST ATLANTIC BEACH FL 32233 - 5809 Legal Description of Property 20-20 09-2S-29E USD3 OCEAN GROVE UNIT NO 2 LOT 17 Tax Information Assessed Value 258224 Govt. Tax Value 233224 Exempt Code H RE Tax Lien Amt. Non Ad Val By Int. Amt. By Pen Amt. Gross Tax 4,544.63 .00 .00 .00 .00 4,544.63 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December January February March April 4,362.84 4,408.29 4,453.74 4,499.18 4,544.63 4,684.72 Payment Information Paid Code UNPAID Paid Date Exception Code 000 r-- yrs Mailing Map-It Payment Appraisal PayTaXes lilt] I :� A _ Address Feedback Feedback Feedback Home Property Map Appraiser While the Duval County Tax Collector's office has attempted to ensure that the data contained in this file is accurate and reflects the property's characteristics,the Duval County Tax Collector's Office makes no warranties,expressed or implied,concerning the accuracy, completeness, reliability, or suitability of this data.The Duval County Tax Collector's Office does not assume any liability associated with the use or misuse of this data Mayor-City Council -Jobs -About Jax-I want to... -I am... - Services - Departments 630-CITY(2489) - Site Policies- Webmaster- ©2002 City of Jacksonville PROOF OF VIOLATION NOTIFICATION EXHIBIT 2 CITY OF ATLANTIC BEACH as,"� 1-1\.f t 800 SEMINOLE ROADihr " ATLANTIC BEACH,FLORIDA 32233-5445 sit TELEPHONE:(904)247-5800 > J FAX (904)247-5805 ;-• k _ � SUNCOM:852-5800 http://ci.atlantic-beach.fl.us Michael Smith Tuesday, August 20, 2002 31 17th St. Atlantic Beach, Fl. 32233 Subject: Room addition Dear Sir, On March 20, 2000 I met with you to discuss the enclosed carport at you home at 31 17t Street in Atlantic Beach. At that meeting you stated you would have the room permitted according to code. On March 27, 2000 you called to have the process clarified pertaining to the permitting of the carport structure. After several meetings with you and your proposed contractor Mr. Pete Dowling, you stated you were going to do extensive remodeling and would be submitting plans within a few months. After several calls to you and your contractor we have not seen an application or an attempt at permitting the carport structure. By this notice you are in violation of section 104.1 of the Florida Building Code— Permits Required in that you have constructed a conditioned space without first obtaining a permit. As of this date you are notified this case is being turned over to the Code Enforcement Officer for placement on the Code Enforcement Board Agenda. Under Fla. Statutes the Code Enforcement Board may impose fines of $250.00 per day for each violation. You will receive a notice to appear from the code enforcement officer. CI-- Don C. Ford C O Building Official Cc: City Manager Qede-Enflyrceirteht File CERTIFIED MAIL/Retum Receipt U.S.Postal Servi CERTIFIED MECE'PT (Domestic Mail o Insurance Coverage Provided) ' o r „ Postage $ sA r Certified Fee ?le" tctltS?II r ' S) frl Postmark J „r` Return Receipt Fee ^nr (Endorsement Required) Here p Restricted Delivery Fee ci (Endorsement Required) $ ` % O Total Postage&Fees October 9, 2002 a Sent ry1( M i / lU�/`- . „ 9�1 Street,Apt.No.; l l or PO Box No. O City,State,ZIP+4 Mr. Michael L. Smith r- 31 17`" St PS Fonn 3800,January 2001 See Reverse for Instructions Atlantic Beach, FL 32233-5809 Subject: Atlantic Beach City Code, Chapter 6,Buildings and Building Regulations. Dear Mr. Smith, Duval County tax records identify you and your wife as the owners of the following property in the City of Atlantic Beach, Florida: Re: 31 17'n St A/k/a: 20-20 09-2S-29E USD3 Ocean Grove Unit No 2 Lot 17 RE# 169612-0000-1 The purpose of this is Correspondence is to serve as an Official Notification of Violation. You have been identified as being in violation of the Florida Building Code, Section 104.1 and under Atlantic Beach City Code: Chapter 6, Sec 6-20 (b) (4), Buildings and Building Regulations. 1. Enclosing a carport without a permit. 2. Failing to provide design plans and specifications. On March 20, 2000, Mr. Don Ford, Building Inspector for the City of Atlantic Beach identified that the aforementioned work had-been accomplished without the proper permits. After several meetings with Mr. Ford, you agreed to provide the proper plans and have the work properly permitted. To date, this has not been accomplished. I am granting you 1 week from receipt of this letter to submit the required plans for review and 2 weeks to procure the proper permit. Failure to comply will result in Code Enforcement Action. Furtherrnore I would remind you of your responsibilities as a homeowner to abide by the regulations of the city, county and state, and that further violations or non-compliance can result in measures that may require the disconnection of utilities, condemnation of your property and can include fines of up to .$500.00 per day, per violation from the Code Enforcement Board. Should you have any questions or concerns involving this matter, you can contact Code Enforcement at (904) 247-5855, Building & Permits at (904) 247-5826, and Zoning at (904) 247-5817 ALEX/0 /11-',1-$ 2 ,j7 ANDER J. HERRER Code Enforcement Officer cc: Public Safety Director Building Dept a 3Ni 1 03ll00 1V1310J'SS5UQav NH11138 3H1 AO 1HDIU 381013d013AN3 30 d01131 83N011S 33Vld SENDER: 'ION ON DELIVERY • p669 :TELi7-_ TOOD Oh6T TOOL - ■ Complete items 1,2„and 3.Also complete item 4 if Restricted Delivery is desired. � Mahr _ ❑Agent X • Print your name and address on the reverse / ah ■ Addressee 1 so that we can return the card to you. g. Rec yed,.y(#'nted Name) C. D o fQeliu�ry . ■ - Attach this card to the back of the mailpiece, s7 or on the front if space permits. C/ D. Is delivery a.. - different from Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No • d /7TH'- S ai e /3-4, FL. 3. Servic ype BIC,eertified Mail 0 Express Mail • O Registered 0 Return Receipt for Merchandise O Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) • PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 • • _ _ — 3NIl 031100 131 010A'333130031 Numan 3H1 d0,• :./14011:13H10/3d013AN3 i0 d0/IV 1:13NOLLS 30311d SENDER:COMPL - -. - IELIVERY • O9T6 E29E hOOD 0+1'[T TOO . • Complete items 1, -_ ••• '_'''= item 4 if Restricted Delivery is desired. A 0 Agent • Print your name and address on the reverse X // •.dressee so that we can return the card to you. Cg. e•ed by( nted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No m,�, r i �eA L 5'niTh • • • ,l rt-i C/ -Bui f=--- 3. S ice Type j • � erted Mail ❑ Express Mail32-- J7”3.f �a Registered 0 Return Receipt for Merchandise ' • 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 fI 1.4 O 000t4 387_3 g jB0(Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 46 4496_4/ /O��OZ 1029 -M-2509 • PROOF OF HEARING NOTIFICATION EXHIBIT 3 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 1045-02 December 20, 2002 BY CERTIFIED MAIL Mr. Michael L. Smith & Mrs. Victoria H. Smith 31 17`h Street Atlantic Beach, FL 32233 Dear Mr. &Mrs. Smith: 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 14th day of January, 2003, 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 24, Section 24-66(b) FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 31 17`h Street, Ocean Grove Unit No 2 Lot 17, the City of Atlantic Beach, the following condition(s): enclosed carport without obtaining a building permit and inspections. 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: 4271M 4 4S----41:41.-*" I Athena Shearer Curtis M. Sanders, Jr. Secretary Chairman, Code Enforcement Board • • • • • • • U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru M _ 0 6 ru r • rra Postage $ rU • Certified Fee m Poste Return Receipt Fee Here (Endorsement Required) • O Restricted Delivery Fee p (Endorsement Required) l 1 Total Postage&Fees ' 1 Street,Apt.No.; or PO Box No. ,5 i (tl City,State,ZIj •• L L ' ■ PS Form 3800,•January2001 • See Reverse for Instructions- • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. R2ceived by(Please Print Clearly) =.Cela o of Delivery item 4 if Restricted Delivery is desired. S I1\4, )�(J"Y , • Print your name and address on the reverse (� X 5 1. t % 't so that we can return the card to you. Signal re / i .tn ~ • Attach this card to the back of the mailpiece, or on the front if space permits. t2 r Addressee U. Is delivery addr=. diff- t from it- 1? 0 Yes 1. Article Addressed to: If yES,enter delivery address below: 0 No c;,(.4 Michael L. Smith Victoria H. Smith 31 17th Street • Atlantic Beach, FL 32233 3. Service Type cif Certified Mail 0 Express Mail Registered tif Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. • 4. Restricted Delivery?(Extra Fee) 0 Yes _ • un • g, z-. f76r.v r t rt f_ s t s s 102595-99-M-1789 ( - EVIDENCE OF VIOLATION EXHIBIT 4 3 a�� r zdi '1 �� �-� may_ 47:' '' �! R dP tN' Sir ... j. x,x s t � ''''',.'"''':' . gir 3r p ry �t'p fi w ,.:•1:-:711-44'''s"1:11'0 a,.. .-1 ..,/' ro `:. r ` 31 17th St - Enclosed Carport - December 18, 2002 • CODE ENFORCEMENT .• %;i12, 44.1,10, .CITY G LANTIC: 4:.13 EACH: COMPLAINT # : /095-az COMPLAINT DATE: D/7-49 e27 TIME: / q C • COMPL.kINTANT: Last First ADDRESS : Street City State Zip >> /� COMPLAINT TYPE: � /VO rI7/ LOCATION: 5/ /NA I f Atlantic Beach, FL 32233 Street City State Zip TELEPHONE It: ze/. ��J QC 7" 2771 PROPERTY OWNER: /''//CI / f / COMPLIANCE: DEPT./DIVISIONS: ZO - 6 PRIORITY CODE: TATtEN BY: 1. INVESTIGATION DATE: /0 / / 57— TIME: • INVESTIGATOR: �. ,1E ft/ e C DEPT./DIVISIONS: 10 - 6 ACTION TREC:N ff,-1"F fo C£1 Jt4 '7 -/77 COMPLIANCE: Pf/7// r*i//'E•'/ LEGAL DESCRIPTION: RE 7 : U.S. Postal Service • CERTIFIED MAIL RECE:PT (Domestic Mail Onl)'; No Insurance Coverage Provided) • T m Postage MI. r w ii t1J m M r t11 Certified Fee Return Receipt Fee (Endorsement Required) Postmark r`'� rS'vJ111% O Restricted Delivery Fee p (Endorsement Required) Here ci Total Postage&Fees October 9, 2002 r- Sent r Street Apt o.• _ — !—--C.:1_-- I • .. l7 or PO Box No. Mr. Michael L. Smith o City State z,p.4 31 17th St r` Atlantic Beach, FL 32233-5809 PS Form 3800,January 2001 See Reverse for Instructions Subject: Atlantic Beach City Code,Chapter 6,Buildings and Building Regulations. Dear Mr. Smith, Duval County tax records identify you and your wife as the owners of the following property in the City of Atlantic Beach, Florida: Re: 31 17th St A/k/a: 20-20 09-2S-29E USD3 Ocean Grove Unit No 2 Lot 17 RE# 169612-0000-1 The purpose of this is Correspondence is to serve as an Official Notification of Violation. You have been identified as being in violation of the Florida Building Code, Section 104.1 and under Atlantic Beach City Code: Chapter 6, Sec 6-20 (b) (4), Buildings and Building Regulations. 1. Enclosing a carport without a permit. 2. Failing to provide design plans and specifications. On March 20, 2000, Mr. Don Ford, Building Inspector for the City of Atlantic Beach identified that the aforementioned work had-been accomplished without the proper permits. After several meetings with Mr. Ford, you agreed to provide the proper plans and have the work properly permitted. To date, this has not been accomplished. I am granting you 1 week from receipt of this letter to submit the required plans for review and 2 weeks to procure the proper permit. Failure to comply will result in Code Enforcement Action. Furthermore I would remind you of your responsibilities as a homeowner to abide by the regulations of the city, county and state, and that further violations or non-compliance can result in measures that may require the disconnection of utilities, condemnation of your property and can include fines of up to $500.00 per day, per violation from the Code Enforcement Board. Should you have any questions or concerns involving this matter, you can contact Code Enforcement at (904) 247-5855, Building & Permits at(904) 247-5826, and Zoning at(904) 247-5817 AL XANDER J. HERRER Code Enforcement Officer cc: Public Safety Director Building Dept LAN- CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 1+'' TELEPHONE:(904)247-5800 i r'l FAX (904)247-5805 "' i + SUNCOM:852-5800 http://ci.atlantic-beach.fl.us Michael Smith Tuesday, August 20, 2002 31 17th St. Atlantic Beach, Fl. 32233 Subject: Room addition Dear Sir, On March 20, 2000 I met with you to discuss the enclosed carport at you home at 31 17th Street in Atlantic Beach. At that meeting you stated you would have the room permitted according to code. On March 27, 2000 you called to have the process clarified pertaining to the permitting of the carport structure. After several meetings with you and your proposed contractor Mr. Pete Dowling, you stated you were going to do extensive remodeling and would be submitting plans within a few months. After several calls to you and your contractor we have not seen an application or an attempt at permitting the carport structure. By this notice you are in violation of section 104.1 of the Florida Building Code— Permits Required in that you have constructed a conditioned space without first obtaining a permit. As of this date you are notified this case is being turned over to the Code Enforcement Officer for placement on the Code Enforcement Board Agenda. Under Fla. Statutes the Code Enforcement Board may impose fines of $250.00 per day for each violation. You will receive a notice to appear from the code enforcement officer. {� e— c Don C. Ford C 0 Building Official Cc: City Manager Code Enforcement File CERTIFIED MAIL/Return Receipt CITY OF ATLANTIC BEACH C.B. Date: JANUARY 14, 2003 Defendants MR. MICHAEL L.SMITH MRS.VICTORIA H. SMITH Case#1045-02 Location: 31 17T" ST A/K/A 20-20 09-2S 29E USD3 OCEAN GROVE UNIT NO 2 LOT 17 RE# 169612-0000-1 Violation: CHAPTER 24,SEC 24-66(b)FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE Owner Occupied: X Rental: Homestead: Yes X No 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 24,SEC 24-66(b) FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE a. Florida Building Code, Section 104.1 Permit Required b. Florida Building code, Section 105.6 Inspections Required 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: OCTOBER 16, 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 did not X speak with the owner X someone in charge of the property concerning the violations. 7. Brief description: On September 9, 2002, received a copy of a letter from the Building Department concerning Mr. Michael L. Smith's failure to comply with the Building Codes of both the City of Atlantic Beach and the State of Florida. Despite numerous opportunities, Mr. Smith failed to bring his property into compliance. In March of 2000, Mr. Smith enclosed his carport without obtaining a proper building permit, without providing the Building Department with the required plans, and without obtaining the required inspections. On October 9, 2002, a Certified Return Receipt Letter was formatted, allowing 2 weeks for Mr. Smith to provide the appropriate plans to the building department and obtain the required permits. The return receipt card was returned on October 16, 2002. With the exception of a call from someone identifying himself as an architect,who promised to have the plans into the Building Department on the week of November 11, 2002, the Code Enforcement Office has received no additional contact from Mr. Smith or his representative. As of December 16, 2002, no progress has been made towards compliance. • PAGE 2 CODE PRESENTATION SHEET 8. The latest inspection was made December 16. 2002. 9. The violation(s) are still present X in compliance_. 10. In order to achieve compliance, it is necessary to correct the violation: By providing the Building Department with all required documentation and procuring the proper permits, or make the carport as original,or to condemn the property as unsafe. 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 would be sufficient time to correct the violation. 13. Further Comments: None. 14. Summary: Mr. and Mrs. Smith have had more then sufficient time to bring their property into compliance with City Code and that considering the length of time that has pasted,that 14 days is more then sufficient time to comply. 15. Recommendations: That Mr.And Mrs. Smith 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, per violation for every day past the compliance date. Respectfully submitted, ee-e,.jd '7,re4 Alex Sherrer Code Enforcement Officer • • Code Enforcement Administrative Charges for Presentation 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: January 14, 2003 Case Number; 1045-02: Mr. Michael L Smith &Mrs.Victoria H Smith, 31 17") St,Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.78 per hour x 8.5 hours = $176.63 Code Enforcement Secretary, $ 15.45 per hour x 3.5 hours = $ 54.08 Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00 Building Inspector, $ 45.91 per hour x 3 hours - $137.73 Postage, Certified Mail, $ 4.42 x 3 = $ 13.26 Copies, Xerox $ .10 x 156 pages - $ 15.60 Total Charges $647.30 December 16, 2002 Alex Sherrer Code Enforcement Officer i Y , ` ` y, ..t '` 1 ''. fir`#''"'' ' iiV". , , f • m,«+r,+;s.a ,.._..,.. ... ....... ,_......_. : xi _..... ...........,_. ; ....— t ...\17.7, ,,,:t .,, .,,, \ litti" . ..„ ,,,..... i.r. ,..t:.- ,, . , 11- i ' . 0 • 4 -• ..e. elk, . . :fi, lik ' 4•,,, vo • ''"� t.-k r, emoi. r I� `.n '.: r 31 17th St - Enclosed Carport - December 18, 2002 .ENDER: C MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2,.and 3.A18o complete A. Signature item 4 if Restricted Delivery is desired. X ���1���/7d i� /�;4�� ❑Agent • Print your name and address on the reverse I"I ❑Addressee so that we can return the card to you. B. Recved .y(1ted Name) CD fpeljuRn ■ Attach this card to the back of the mailpiece, � or on the front if space permits. D. Is delivery a.. - different from item 1? 0 Yes I. Article Addressed to: If YES,enter delivery address below: 0 No 111/ /7rH -S .2 - 3. Servi90 Type �Z3ertified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes Article Number (Transfer from service label) 'S Form 3811.August 2001 Domestic Return Receipt 102595-01-M-251 3N ••• - -- I 30Vld 1HDIH S ` • •• ENDER: COMPLi • - - 'ELIVERY 08'[6 E29E' tioao otiTT TOOL • Complete items 1 item 4 if Restricted Delivery is desired. / ❑ Agent • Print your name and address on the reverse X AIAA so that we can return the card to you. • Attach this card to the back of the mailpiece, R e•ed by( rated Name) C. Date of Delivery � or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES.enter delivery address below: ❑ No Tr . rn aCA ITh 31 IT-h l 1--t-) "Bu " J 3. aice Type Certified Mail ail ❑ Express Mail^�2 ,3 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number )•3J , 1 "' /Q /_v� )ll!r , q I ci (Transfer from service label) + / w 3S Form 3811,August 2001 Domestic Return Receipt te.. N/OE4/ /D/i�az lo259lcn-M-25(