CE 981 Sailfish Nuisance Order %' r��' CITY OF ATLANTIC BEACH
CSze 800 SEMINOLE ROAD
' .:-..e, ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
_______,)
J;319'''
June 10, 2019
VIA:
CERTIFIED MAIL,RETURN RECEIPT REQUESTED
and
HAND DELIVERY TO 981 SAILFISH DRIVE,ATLANTIC BEACH,FL
and
PROPERTY POSTED
and
NOTICE POSTED AT ATLANTIC BEACH CITY HALL
Rena Koenig
P.O. Box 330850
Atlantic Beach, FL 32233
NUISANCE ORDER
THIS NUISANCE ORDER IS HEREBY ISSUED TO RENA KOENIG PURSUANT TO
CHAPTER 12, NUISANCES, OF THE ATLANTIC BEACH CODE OF ORDINANCES
(HEREINAFTER"CHAPTER 12").
1.(a) Section 12-1 of Chapter 12 provides that it is unlawful for any person to allow, suffer or
permit any act, occurrence or condition which constitutes a dangerous, unsafe, dilapidated or
unsanitary condition, which may be injurious to the health and well-being of the community.
(b) Section 12-1 of Chapter 12 further declares that certain enumerated acts, occurrences and
conditions constitute a nuisance, including the following:
(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.
(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.
2. After investigation of the property located at 981 Sailfish Drive, Atlantic Beach, Florida
(the "Property"), it has been determined by the undersigned that the acts, occurrences and
conditions listed in Section 1(b) above (the "Nuisance Conditions") have happened and exist on
the Property and constitute a dangerous, unsafe, dilapidated and unsanitary condition affecting
the sanitary condition and public health of the City of Atlantic Beach.
3. You are hereby directed to abate the Nuisance Conditions by removing from the Property
all rubbish, debris, substances, filth, unsound fences or structures, abandoned or inoperable
motor vehicles (including boats, trailers, vans, automobiles), appliances, furniture, building
materials, building rubbish (including without limitation, concrete debris) and similar items,
located on the exterior of any structure on the Property no later than July 8, 2019.
4. Please be advised that you may file a written request with the Atlantic Beach City
Commission, 800 Seminole Road, Atlantic Beach, Florida 32233, for a hearing before the City
Commission to show that the Nuisance Conditions do not constitute a public nuisance. The
written request must be received by the City no later than July 8, 2019. At the hearing, you, any
occupant of the residence, and the City of Atlantic Beach may introduce such evidence as
deemed necessary.
5. If the Nuisance Conditions have not been corrected by July 8, 2019, and no written
request for a hearing has been timely filed with the City Commission, then the undersigned shall
cause the Nuisance Conditions to be remedied by the City at your expense, and the City or its
agents shall enter the Property and remove all items described in Section 3 above. If a written
request is timely filed and a hearing is held and concludes adversely to you, the undersigned may
cause the Nuisance Conditions to be remedied by the City at your expense, unless the City
Commission directs otherwise at the hearing.
6. In the event the City causes the Nuisance Conditions to be remedied by the removal of all
items described in Section 3 above from the Property, then the expenses, as certified by the
undersigned, plus a charge equal to one hundred (100) percent of the expense to cover City
administrative expenses shall become payable immediately, and a special assessment lien and
charge will be made and recorded upon the Property, which shall be payable with interest at the
rate of ten (10) percent per annum from the date of certification until paid. The lien shall be
recorded in the public records of Duval County, Florida, and shall be enforceable in the same
manner as a tax lien in favor of the City of Atlantic Beach, Florida.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Respectfully,
V"4" •
Joe Gerrity, City anager
c: Kevin Hogencamp, Deputy City Manager
Angela Irizarry, Code Enforcement Officer
Brenna M. Durden, City Attorney
?s�'��
' '�10 CITY OF ATLANTIC BEACH
sA 800 SEMINOLE ROAD
•� J
s) ATLANTIC BEACH,FL 32233
0 "r PHONE (904) 247-5800
NUISANCE ORDER POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of
Ordinances, I,Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a
Nuisance Order, a copy of which is attached, was mailed regular mail and was posted at the
following locations:
(1) Date Posted: \ 10 D C AC)
Location: 981 SAILFISH DR, Atlantic Beach, Florida
(2) Date Posted: 1 t 0 O
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
C131Y- C--- s
akit)Angela Irizar Code Enforceme
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this I 0 day of )y--
20 1 q , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Person taking acknowledgement:
(Notary Stamp/Seal) -1\t-1).-/ It 1 ft4iNotary Public, Stateorida
WIRES: 13,2016
%tifej F Bandeau Pu61eUi d rnlles
�s ''`1'���1 CITY OF ATLANTIC BEACH
J #0411k.
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v)
J 800 SEMINOLE ROAD
sl ATLANTIC BEACH,FL 32233
r
PHONE (904)247-5800
,a
June 10, 2019
VIA:
CERTIFIED MAIL,RETURN RECEIPT REQUESTED
and
HAND DELIVERY TO 981 SAILFISH DRIVE,ATLANTIC BEACH,FL
and
PROPERTY POSTED
and
NOTICE POSTED AT ATLANTIC BEACH CITY HALL
Rena Koenig
P.O. Box 330850
Atlantic Beach, FL 32233
NUISANCE ORDER
THIS NUISANCE ORDER IS HEREBY ISSUED TO RENA KOENIG PURSUANT TO
CHAPTER 12, NUISANCES, OF THE ATLANTIC BEACH CODE OF ORDINANCES
(HEREINAFTER"CHAPTER 12").
1.(a) Section 12-1 of Chapter 12 provides that it is unlawful for any person to allow, suffer or
permit any act, occurrence or condition which constitutes a dangerous, unsafe, dilapidated or
unsanitary condition, which may be injurious to the health and well-being of the community.
(b) Section 12-1 of Chapter 12 further declares that certain enumerated acts, occurrences and
conditions constitute a nuisance, including the following:
(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.
(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.
2. After investigation of the property located at 981 Sailfish Drive, Atlantic Beach, Florida
(the "Property"), it has been determined by the undersigned that the acts, occurrences and
conditions listed in Section 1(b) above (the "Nuisance Conditions") have happened and exist on
the Property and constitute a dangerous, unsafe, dilapidated and unsanitary condition affecting
the sanitary condition and public health of the City of Atlantic Beach.
3. You are hereby directed to abate the Nuisance Conditions by removing from the Property
all rubbish, debris, substances, filth, unsound fences or structures, abandoned or inoperable
motor vehicles (including boats, trailers, vans, automobiles), appliances, furniture, building
materials, building rubbish (including without limitation, concrete debris) and similar items,
located on the exterior of any structure on the Property no later than July 8, 2019.
4. Please be advised that you may file a written request with the Atlantic Beach City
Commission, 800 Seminole Road, Atlantic Beach, Florida 32233, for a hearing before the City
Commission to show that the Nuisance Conditions do not constitute a public nuisance. The
written request must be received by the City no later than July 8, 2019. At the hearing, you, any
occupant of the residence, and the City of Atlantic Beach may introduce such evidence as
deemed necessary.
5. If the Nuisance Conditions have not been corrected by July 8, 2019, and no written
request for a hearing has been timely filed with the City Commission, then the undersigned shall
cause the Nuisance Conditions to be remedied by the City at your expense, and the City or its
agents shall enter the Property and remove all items described in Section 3 above. If a written
request is timely filed and a hearing is held and concludes adversely to you, the undersigned may
cause the Nuisance Conditions to be remedied by the City at your expense, unless the City
Commission directs otherwise at the hearing.
6. In the event the City causes the Nuisance Conditions to be remedied by the removal of all
items described in Section 3 above from the Property, then the expenses, as certified by the
undersigned, plus a charge equal to one hundred (100) percent of the expense to cover City
administrative expenses shall become payable immediately, and a special assessment lien and
charge will be made and recorded upon the Property, which shall be payable with interest at the
rate of ten (10) percent per annum from the date of certification until paid. The lien shall be
recorded in the public records of Duval County, Florida, and shall be enforceable in the same
manner as a tax lien in favor of the City of Atlantic Beach, Florida.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Respectfully,
Joe Gerrity, City Manager
c: Kevin Hogencamp, Deputy City Manager
Angela Irizarry, Code Enforcement Officer
Brenna M. Durden, City Attorney
Copy Received by: Rena Koenig Sff)
Rena Koenig Date