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Belvedere Street 131 DOG#20140'(7595,OR BK 1 0743 Page 24017, Number Pages:3 Recorded CITY OF ATLANTIC BEACH, FLORIDA Ronnie Fus ell CL0ERKtCIRCU COURT DUVAL CODE ENFORCEMENT BOARD COUNTY RECORDING$27.00 CITY OF ATLANTIC BEACH,FLORIDA, Petitioner CASE# 13-185 and #13-554 VS. Thomas J. Bennett, Jr. FIRST CLASS AND 385 5th Street CERTIFIED MAIL RETURN RECEIPT Atlantic Beach, FL 322335345 REQUESTED: 131 Belvedere Street Atlantic Beach,Florida RE: # 170589-0000, Lot 602, Saltair SEC 1 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 14, 2014, 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 the Respondent Thomas J. Bennett,Jr., owns the property located at 131 Belvedere Street, Atlantic Beach, Florida. 2. That notice was sent by certified mail and that Beverly Clark,Attorney with Choice Legal Group, representing JP Morgan Chase Bank was present at the hearing. 3. That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. IPMC Sec. 301.3 Vacant Structures and Land All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. (Substandard, abandoned single family dwelling) IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices,porches,trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling,flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks,and loose or rotting materials;and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain.Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.Roof water shall not be discharged in a manner that creates a public nuisance. 4. The aforementioned property shall be corrected by achieving full compliance with all noted violations. CONCLUSIONS OF LAW THAT Thomas J. Bennett, Jr. is not in compliance and has failed to correct such violation as of this hearing date. 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, Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or,before March 14, 2014. Failure to comply will result in fines of$100.00 for the first day and $100.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 131 Belvedere St for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office. DONE AND ORDERED THIS January 14, 2014. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: ( , l/1 e#` Day L. Williams, Secretary By: Veda Harless, Chair Executed this 5t day of 12014. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's STATE OF FLORIDA execution. 1,the undersigned City ck�f4r'fhe '�'� " '£ Duval Cour► .. A of Adentlem Beach, ty,Florida,do heretbY caglMy ft within and foregoMg Is a true and oorr�ecf of the 0"gir i as it for AtlanBc c� and ft In the �/ov CNy C� the City ofAttentic Beads,Fbr } i1d oAlotel" of Cc: Beverl y Clarke, y Attorne �"f' �T Representing JP Morgan Chase Bank this day of 2n city 1 i . CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE# 13-00000185 & # 13-554 VS. Thomas J. Bennett, Jr. 3855 1h Street Atlantic Beach, FL 32233-5345 131 Belvedere St Atlantic Beach, Florida RE: # 170589-0000 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 14, 2014 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 3. That the Respondent Thomas J. Bennett, Jr. owns the property located at 131 Belvedere St,Atlantic Beach, Florida. 4. That notice was sent by certified mail and that Beverly Clark, Attorney with Choice Legal Group,representing JP Morgan Chase Bank, was present at the hearing. 3. That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. IPMC Sec. 301.3 Vacant Structures and Land All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SUBSTANDARD,ABAN SFR IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices,porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.Roof water shall not be discharged in a manner that creates a public nuisance. 4. The aforementioned property shall be corrected by achieving full compliance with all noted violations. CONCLUSIONS OF LAW THAT Thomas J. Bennett, Jr. is not in compliance and has failed to correct such violation as of this hearing date. 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, Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or,before March 14, 2014. Failure to comply will result in fines of$100.00 for the first day and $100.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 131 Belvedere St for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office. DONE AND ORDERED THIS January 14, 2014. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: V Day L. Williams, Secretary By: Veda Harless, Chair Executed this si day of �..^L4/te_�j ,2014. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. Cc: Beverly Clarke, Attorney Representing JP Morgan Chase Bank U) ( / } \\ { / z / \� ® ° � \ � X / 2 ( c: o f § co 2 \ cc d m ) ( a OOCy m c, W ; g Ir \ ) \/ 7 f ro _ \ _ 77m ! * \ a / t ® ƒ k Z � / { o + _ « O } * » � OOOk ? / \ x 0 ID a ° ) CO @ -0 & m % z 2 $ % \ M A o z t 2 \ # U) ) « �akak x_ £ t ± , % f Kfa) ° ® f # } O - }7 \ g en'0 AA \ /2 \\{/ k _ \ _ % ¥ {7fq \ / / - I ) C—0 a § E as`R ° r± \ U ° & @ a 0 ? ®== ){ E 8 \ ƒ ctl ®$ ° ° - % - m ! -2- ) k OOO � [® E § ,f ° 2 \ » E y 4) ca ) Ew7 L ' _ _ - f m %�_ \ \ƒ\ \ \ \ 7 o S » &\ \ § 6 m k\ $]tt 3 `/ { * i / ) f# ® f ) - 0a)* £ \ � i o = - u) _ ee= ,< o < } 3 ( } � 3 // t t w 7 ) � ƒ W cr q e e ■ X a j ° ° _cr