CE 824 Sherry Drive Case #21-035 (Page 220 of 344)
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- 0 `jf 6 CITY OF ATLANTIC BEACH
r � \ s f 800 SEMINOLE ROAD
l ATLANTIC BEACH, FL 32233
6 v PHONE (904) 247-5800
2/5/2021
ANDERSON TIMOTHY
824 SHERRY DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 170392 0000 Case Number: 21-035
Location of Violation: 824 SHERRY DR, 10-16 16-2S-29E .26 SALTAIR SEC 3 LOTS 67,68,69(EX PT RECD
O/R 12683-2466) Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 824 SHERRY DR was conducted on 1/28/2021 & 2/5/2021. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
VIOLATION CODE: Sec. 21-20. - Parking limitations.(c)No person shall stop, stand, or park a recreational
vehicle, camper,bus, flatbed truck,trailer or commercial vehicle upon any right-of-way,except for the purpose of
loading or unloading, for more than four(4)hours,except when authorized by the city manager or their designee
provided that the vehicle does not obstruct traffic as described in section 21-18.
NATURE OF VIOLATION: A white sailboat on a trailer is parked on the right of way next to your home. In
accordance with code,a trailer may not be parked in the right of way for more than four hours except when it is
being loaded or unloaded.
This letter requests that the noted violation(s) be corrected by removing the vessel and trailer within five
(5)days of the receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
I, Pn5elci. ..1J21 , hereby swear and affirm that the above statement is true and
accurate.
-rely,
41,6-
• ngela Iri :
CODE ENFORCEMENT
Irizarry,Angela
From: Irizarry,Angela
Sent: Friday, February 12, 2021 9:53 AM
To: 'Timothy Anderson'
Subject: RE: Special Magistrate
Mr. Anderson,
We have scheduled a hearing for March 18th. I'll be sending out the notice of hearing letters today.
From: Irizarry,Angela
Sent:Tuesday, February 2, 2021 4:05 PM
To: 'Timothy Anderson'<tanderson@anderfp.com>
Subject: RE:Special Magistrate
That is not a problem. I will resend the violation letter with the other code section and then once a hearing has been
scheduled, I will send you a notice to attend the meeting to challenge the violation. There is currently no hearing
scheduled for the month of February so it will not be until at least March.The notice does carry a threat of fines but just
to be clear, in code enforcement we do not impose any fines until after you have the opportunity to be heard.
From:Timothy Anderson (mailto:tanderson@anderfp.comj
Sent:Tuesday, February 2,2021 3:35 PM
To: Irizarry,Angela<alrizarry@coab.us>
Subject: Re:Special Magistrate
Angela,
Also, not meaning to be a pain, but a boat is not listed as not allowed in you cited ordinance. I think I am going to
request an appearance in-front of the magistrate. Please let me know when that will happen.
My best,
Tim
Timothy J. Anderson
Managing Director, Chief Economist
Anderson Financial Partners,Inc.
212 Ponte Vedra Park Drive, Suite 200
Ponte Vedra, FL 32082
904-280-8995 -Telephone
904-861-5122 -Cell
904-280-8996 - Fax
1
.ANDERSON
Financial Partners
Fr lop
FT 1
Financial
MIAMII7YUM'IAL Advisers
i1MFi 2017
Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is
confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any
review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is
strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this
communication in error or without authorization please notify us immediately by return e-mail or otherwise and
permanently delete the entire communication from any computer, disk drive, or other storage medium. This
communication is solely for informational purposes. It is not an offer, recommendation or solicitation to buy or sell any
security or instrument. It is not a final confirmation of terms. AMDG R
FT 300 Disclosure:
The 2017 Financial Times Top 300 Registered Investment Advisors is an independent listing produced by the Financial
Times(June,2016). The FT 300 is based on data gathered from RIA firms, regulatory disclosures,and the FT's research.
As identified by the FT,the listing reflected each practice's performance in six primary areas, including assets under
management,asset growth, compliance record,years in existence,credentials and accessibility.Neither the RIA firms nor
their employees pay a fee to The Financial Times in exchange for inclusion in the FT 300.
From:Timothy Anderson <tanderson@anderfp.com>
Date:Tuesday, February 2, 2021 at 3:30 PM
To: 11lrizarry,Angela" <alrizarry@coab.us>
Subject: Re: Special Magistrate
Thanks, I will await your amended violation letter.
Thanks,
Tim
Timothy J. Anderson
Managing Director, Chief Economist
Anderson Financial Partners,Inc.
212 Ponte Vedra Park Drive, Suite 200
Ponte Vedra, FL 32082
904-280-8995 -Telephone
904-861-5122 -Cell
904-280-8996 - Fax
2
ANDERSON
Financial Partners
FT ��1�
an
Fincial
Tar- Advisers
Ta 2017
Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is
confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any
review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is
strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this
communication in error or without authorization please notify us immediately by return e-mail or otherwise and
permanently delete the entire communication from any computer, disk drive, or other storage medium. This
communication is solely for informational purposes. It is not an offer, recommendation or solicitation to buy or sell any
security or instrument. It is not a final confirmation of terms. AMDG X
FT 300 Disclosure:
The 2017 Financial Times Top 300 Registered Investment Advisors is an independent listing produced by the Financial
Times(June,2016).The FT 300 is based on data gathered from RIA fums,regulatory disclosures,and the FT's research.
As identified by the FT,the listing reflected each practice's performance in six primary areas, including assets under
management,asset growth,compliance record,years in existence,credentials and accessibility.Neither the RIA firms nor
their employees pay a fee to The Financial Times in exchange for inclusion in the FT 300.
From: "Irizarry,Angela" <alrizarry@coab.us>
Date: Tuesday, February 2, 2021 at 3:21 PM
To: Timothy Anderson <tanderson@anderfp.com>
Subject: RE: Special Magistrate
Good afternoon Mr.Anderson,
I had to do some additional research and it turns out the front yard of your property is actually the northern small strip
that faces the 5 way stop. It is not the side facing Sherry.
Unfortunately,this still does not give allowance for the boat to stay where it is.The area outside of your fence is city
right of way and there is another section of code pertaining to parking that also prohibits boats and trailers from being
stored on the right of way.
Sec. 21-20.- Parking limitations. (c)No person shall stop, stand, or park a recreational vehicle, camper, bus,
flatbed truck,trailer or commercial vehicle upon any right-of-way, except for the purpose of loading or
unloading, for more than four(4) hours, except when authorized by the city manager or their designee provided
that the vehicle does not obstruct traffic as described in section 21-18.
The Magistrate doesn't have the authority to waive any code provisions. If you need more time to make other storage
arrangements just let me know and I can work with you.
3
From:Timothy Anderson [mailto:tanderson@anderfp.com]
Sent:Tuesday, February 2,2021 10:59 AM
To: Irizarry,Angela<alrizarry@coab.us>
Subject:Special Magistrate
Angela,
I have received your letter regarding our boat at 824 Sherry Drive, particularly regarding which side of my house you as a
city consider the front. I was wanting to appeal this to the special magistrate. However,do we have one? How long
would it take to have a hearing?
Thanks,
Tim
Timothy J. Anderson
Managing Director, Chief Economist
Anderson Financial Partners,Inc.
212 Ponte Vedra Park Drive, Suite 200
Ponte Vedra, FL 32082
904-280-8995 -Telephone
904-861-5122 -Cell
904-280-8996-Fax
Al.NDERSON
Financial Partners
t
nEiuuial
Advisers
1,1'417""' 2017
Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is
confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any
review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is
strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this
communication in error or without authorization please notify us immediately by return e-mail or otherwise and
permanently delete the entire communication from any computer, disk drive, or other storage medium. This
communication is solely for informational purposes. It is not an offer, recommendation or solicitation to buy or sell any
security or instrument. It is not a final confirmation of terms. AMDG R
FT 300 Disclosure:
The 2017 Financial Times Top 300 Registered Investment Advisors is an independent listing produced by the Financial
Times(June,2016). The FT 300 is based on data gathered from RIA firms,regulatory disclosures,and the FT's research.
As identified by the FT,the listing reflected each practice's performance in six primary areas, including assets under
management, asset growth,compliance record,years in existence, credentials and accessibility.Neither the RIA firms nor
their employees pay a fee to The Financial Times in exchange for inclusion in the FT 300.
4
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic
Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request.Your email communications, including your email address, may
therefore be subject to public disclosure.
5
' sLn fJ CITY OF ATLANTIC BEACH
0 411,
SA 800 SEMINOLE ROAD
0 ATLANTIC BEACH, FL 32233
15 ' v PHONE (904) 247-5800
2/5/2021
ANDERSON TIMOTHY
824 SHERRY DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 170392 0000 Case Number: 21-035
Location of Violation: 824 SHERRY DR, 10-16 16-2S-29E .26 SALTAIR SEC 3 LOTS 67,68,69(EX PT RECD
O/R 12683-2466)Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 824 SHERRY DR was conducted on 1/28/2021 & 2/5/2021. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
VIOLATION CODE: Sec. 21-20. -Parking limitations. (c)No person shall stop, stand,or park a recreational
vehicle,camper,bus, flatbed truck,trailer or commercial vehicle upon any right-of-way,except for the purpose of
loading or unloading, for more than four(4)hours,except when authorized by the city manager or their designee
provided that the vehicle does not obstruct traffic as described in section 21-18.
NATURE OF VIOLATION: A white sailboat on a trailer is parked on the right of way next to your home. In
accordance with code, a trailer may not be parked in the right of way for more than four hours except when it is
being loaded or unloaded.
This letter requests that the noted violation(s) be corrected by removing the vessel and trailer within five
(5) days of the receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
I, , -4.-�A-SA.1` j , hereby swear and affirm that the above statement is true and
accurate.
Sialiy1, 4. 1/.2_,ii......,..
G
Angela Iri
CODE ENFORCEMENT
0 aA P.rit, CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
\\„,,,,
1,5 ”' „r
NOTICE OF HEARING
2/12/2021 Case Number: 21-035
ANDERSON TIMOTHY Certified Mail Return Receipt:
824 SHERRY DR 7016 0910 0001 6799 3939
ATLANTIC BEACH, FL 32233
Property Address: 824 SHERRY DRIVE
ATLANTIC BEACH, FL
Dear Respondent:
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 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 March 18,2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,
to answer and be heard to the following alleged violations on the property known 824 SHERRY DR, 10-
16 16-2S-29E .26 SALTAIR SEC 3 LOTS 67,68,69 (EX PT RECD O/R 12683-2466) Atlantic Beach,
Florida.
International Property Maintenance Code/City Code of Ordinances
Sec. 21-20. - Parking limitations. (c) No person shall stop, stand, or park a recreational vehicle, camper,
bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four (4) hours, except when authorized by the city manager or their
designee provided that the vehicle does not obstruct traffic as described in section 21-18.
STATEMENT OF CODE ENFORCEMENT OFFICER: A white sailboat on a trailer is parked on
the right of way next to your home. In accordance with code, a trailer may not be parked in the right of
way for more than four hours except when it is being loaded or unloaded.
The Code Enforcement Special Magistrate may levy fines up to $250.00 per day for the first violation
and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation
is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be
presented to the Special Magistrate even if the violation has been corrected prior to the hearing. Upon
completing the corrective action required, it is your responsibility to contact Atlantic Beach Code
Enforcement and arrange for an inspection to verify compliance at(904) 247-5855.
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
Page 1 of 2
contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. 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.
I, krVy_ I , hereby swear and affirm that the above statement
is true and accurate.
0,\/\
Angela Irizarry,
g �'3',
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
ti441. Aiti).Cr
Kim Flowers, Records Clerk
7016 0910 0001 6799 3939
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5114
vs.
Property Address: 824 Sherry Drive
Atlantic Beach, FL 32233
Timothy Anderson
824 Sherry Drive
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 21-035
REAL ESTATE NUMBER: 170392 0000
LEGAL DESCRIPTION: 10-16 16-25-29E.26 SALTAIR SEC 3 LOTS 67,68,69(EX PT RECD OR 12683-
2466)
ORDER ON CASE No.21-035
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 18,
2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact,conclusions of law, and orders
as follows:
FINDINGS OF FACT
1. Respondent owns the property located at 824 Sherry Drive, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Respondent did not appear at the March 18, 2021 hearing.
4. On February 5, 2021 The City of Atlantic Beach sent a new violation letter referencing
section 21-20 and 24-16361 of the Codes of The City of Atlantic Beach prohibiting
parking on the right of way and the parking of recreational vehicles (boats).
5. The City of Atlantic Beach stated that Mr. Anderson had removed his boat prior to the
hearing and is now in compliance.
CONCLUSIONS OF LAW
6. While the Respondent was previously in violation of the Code, Respondent has now
cured that violation and is in compliance.
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 in compliance and the case is hereby CLOSED.
DONE AND ORDERED THIS 26T``DAY OF MARCH,2021.
CITY OF ATLANTIC BEACH, FLORIDA
CODE E CEMENT SPECIAL MAGISTRATE
ATTEST:
16tf-Q. (AU"—
imberly .q . lower, Records Clerk Suzann W. Green, Special Magistrate
Executed this 26th day of March 2021.
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
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