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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. � 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