CE 2207 Alicia Lane Case #21-120 ' i Lf-v-k os) CITY OF ATLANTIC BEACH
„. _m sib 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
a
mr,
PHONE (904)247-5800
P-1,01119
6/7/2021
David Johnston
2207 Alicia Lane
Atlantic Beach, FL 32233
Dear Property Owner:
A nighttime sea turtle lighting survey was completed last week after 9 pm. During that time, non-
compliant lighting was observed in the area of your home. This lighting can deter sea turtles from
nesting on our beaches and may cause hatching turtles to travel away from the water. As a reminder:
• Only use long wave amber or red lighting. Remove or replace all bright white lighting. Please use
enclosed light filter as a guide.
• Turn off unnecessary lights. Don't use decorative lighting (such as runner lights or up lighting of
vegetation) in areas that are visible from the beach and permanently remove or turn off fixtures that
cannot be modified in any other way.
• Shield the light source from all areas on the beach and not just from the beach directly in front of the
light. This means the bulb, lamp, or glowing element of the fixture should not be seen. Replace
fixtures that scatter light in all directions (such as globe lights or carriage lights) with directional
fixtures that point down and away from the beach.
• Use motion-detector lights and set them on the shortest setting.
• Reduce spillover from indoor lighting by rearranging lamps and other moveable fixtures away from
windows or use window treatments to shield interior lights.
• Plant or improve vegetation buffers between the light source and the beach to screen light from the
beach.
• Immediately report any disoriented turtles to the Beaches Sea Turtle Patrol at 904-613-6081. The
Beaches Sea Turtle Patrol is the only Florida Wildlife Commissioned permitted turtle patrol in the
local beaches area.
We appreciate your help in protecting these beautiful creatures. More information regarding sea turtles
in our local area can be found by visiting www.bstp.net. Sea turtle lighitng is goverened and enforced by
the City of Atlantic Beach municipal code in Chapter V, Article IV.
Cordially,
`441fief 4z� arizr�
Code Enforcement
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CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE(904)247-5800
6/24/2021
JOHNSTON DAVID L
2207 ALICIA LN
ATLANTIC BEACH,FL 32233-5975
Real Estate Number: 169519 0735 Case Number: 21-120
Location of Violation: 2207 ALICIA LN,46-094 09-2S-29E TIFFANY BY THE SEA LOT 5 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 2207 ALICIA LN was conducted on 6/21/2021. 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:No later than May 1,2018,all owners of property located within the sea turtle protection
area shall determine if any existing artificial lighting on their property is directly visible and take the following
corrective actions to reduce or eliminate the negative effects of such artificial lighting:
(a) One(1)or more of the following measures shall be taken to reduce or eliminate the negative effects of
existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture
is not directly visible:
(1)Reposition fixtures so that the point source of light or any reflective surface is no longer directly
visible;
(2)Replace fixtures having an exposed light source with fixtures containing recessed light sources or
shields;
(3)Replace traditional light bulbs with low wattage, long wavelength light sources;
(4)Replace non-directional fixtures with directional fixtures that point down and away from the beach;
(5)Replace fixtures having transparent or translucent coverings with fixtures having opaque shields
covering an arc of at least one hundred eighty(180)degrees and extending an appropriate distance below
the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the
light fixture is not directly visible;
(6)Replace pole lamps with low-profile,low-level luminaries so that the light source or any reflective
surface is not directly visible;
(7)Replace incandescent,fluorescent,and high intensity lighting with the lowest wattage,long
wavelength lighting possible for the specific application;
(8)Plant or improve vegetation buffers between the light source and the beach to screen artificial light;
(9)Construct a ground-level barrier to shield light sources from the beach. Ground-level barriers must not
interfere with marine turtle nesting or hatchling emergence,or cause short-or long-term damage to the
beach/dune system;
(10)Permanently remove or permanently disable any fixture which cannot be brought into compliance
with the provisions of these standards.
(b) One(1)or more of the following measures shall be taken to reduce or eliminate the negative effects of
interior light emanating from doors and windows within line-of-sight of the beach:
(1)Window tint or film shall be installed that meets the standards for tinted glass;
(2)Rearrange lamps and other moveable fixtures away from windows;
(3)Use window treatments(e.g., blinds,curtains)to shield interior lights from the beach;
(4)Turn off unnecessary lights.
(c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and
configuration required to achieve their functional role(s).The use of motion detectors that keep lights off
except when approached and that switch lights off within five(5)minutes are required.
NATURE OF VIOLATION: The decorative exterior lighting on the underside of your roof is visible from the
beach and creates a glow in violation of code that could affect the nesting and hatching of sea turtles.
This letter requests that the noted violation(s) be corrected by ceasing use of decorative lighting during sea
turtle season which runs from May-October within live(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, la Z.Q((� , hereby swear and affirm that the above statement is true and
accur te. J
"rely,
Angela Irina
CODE ENFORCEMENT
Irizarry,Angela
From: Irizarry,Angela
Sent: Friday, July 9, 2021 9:23 AM
To: 'David Johnston'
Subject: RE:Johnston:Case Number: 21-120 Response To False Allegation
Good Morning,
One of my colleagues and myself conducted the light survey that evening. During these surveys, we drive along the
beach to view the houses from the ocean side. We use GPS guidance to log our location. Below is the photo of the back
of your home from the beach. As you can see, it appears that there are lights under the soffit on the north side of your
home and we based the letter on our observation of this light glow.
That being said, I do appreciate your thorough response and the photos you supplied were very helpful so thank you for
that effort. As the below photo shows,there is clearly a glow in the north side of the house. Can we please schedule a
time for me to visit the site to help me determine the source of the light that is illuminating the side of your home so
that we can make sure it gets turned off through the rest of this season?
ill
From: David Johnston [mailto:davidljohnston9@gmail.com]
Sent:Thursday,July 8, 2021 4:04 PM
To: Irizarry,Angela <alrizarry@coab.us>
Subject:Johnston: Case Number: 21-120 Response To False Allegation
Dear Angela:
In below attachment is a comprehensive response to your false allegation of Turtle Violation.
This is detailed evidence. I will drop off a hard copy to City Hall. Upon your advisement I will provide copies
to Zoning Director, Amanda Askew and the Mayor, Ellen Glasser.
1
I don't know who your informants are but, in my opinion, he/she/or they require severe principled admonition.
I've included my cell phone and contact information. You can also email or text. But I need a detailed response.
This could become a legal issue.
Sincerely
David Johnston
2
6) Every evening if any lights are on in the Master Bedroom or Sitting Room (which are the two rooms
facing the Beach) we, without fail, draw full blackout drapes over all the windows and the door. We
have always done this and the reason is simply a matter of privacy. No onlookers from the beach can see
(and that includes turtles).
Without being presumptuous, I recommend you get accurate informants. Your reputation and that of the
City could be at stake. If I can help in any way, please don’t hesitate to let me know.
I need a response that shows a correction to the wrongful accusation of the Violation. I can assure you that
we will NOT be paying the fines you threaten with. The “Nature of the Violation,” as you describe it seems
to be based on absolute falsehood and perjury. Further, I think the Zoning Director, Amanda Askew and
the Mayor, Ellen Glasser, need to know that a part of their administration is so corrupt. How many others
are being duped? Imagine the following in face of the evidence...
Sincerely
David L. Johnston
Cell Phone: (904) 612-9939
David L. Johnston
2207 Alicia Lane, Atlantic Beach, FL 32233
July 1, 2021
Angela Irizarry
Code Enforcement
City of Atlantic Beach
Regarding Case Number 21-120 of the above address
Dear Angela:
I’m quite surprised that you “swear and affirm that the above statement is true and accurate.” It is not!
I’m not sure who your informant is but he/she/they are totally wrong or confused as to which property
they have reported to you on. Here is the charge copied from your letter on page two:
Here are the facts:
1) We have ZERO “decorative exterior lights on the underside of our roof visible from the beach!”
None! Please take a look for yourself!
In case this picture is not clear enough here I will print a series of closer pictures of the underside of our
roof on the following page. The ONLY underside of our roof lighting is on the west streetside.
2) We are have always complied with Ordinance 95-17-114
3) There are two small lights, one upstairs and one down stairs. Both are on switches and not timed light-
ing. They probably haven’t been turned on for over a year. We are not out there at night. If we were it
would be to look at the stars and that doesn’t work with ambient light of any sort.
4) ALL of our ground lights are hooded. (Please note the photo).
5) We have five “up lights” but we use Hulihans to tape
them up during turtle season (please note the photos)
Small Hooded Ground Lights
Rarely On