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CE 860 Bonita Rd Case #21-161 �s s vi:f. . CITY OF ATLANTIC BEACH my)s f 800 SEMINOLE ROAD s) ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 —053 TP 9/9/2021 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 21-161 Location of Violation: 860 BONITA RD,30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 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 860 BONITA RD was conducted on 9/7/2021. 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. 19-1. -Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19-2 hereof,no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self standing goals are permitted but basketball goal posts can not be installed in the ground in the right of way. This letter requests that the noted violation(s) be corrected by removing the basketball goal 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, Onyta ��\--aaic , hereby swear and affirm that the above statement is true and accurate. S. rely, liti3 Angela Irizarry CODE ENFORCEMENT LAN t, ? �, CITY OF ATLANTIC BEACH ' Aiii i 0`'` i f 800 SEMINOLE ROAD c) ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 �Js31�� CERTIFIED RETURN RECEIPT 7013 1710 0002 1691 9011 9/28/2021 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 21-161 Location of Violation: 860 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 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 860 BONITA RD was conducted on 9/7/2021 & 9/28/2021. 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. 19-1. -Construction within and/or use of city rights-of-way.(c)Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind,except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self standing goals are permitted but basketball goal posts can not be installed in the ground in the right of way. This letter requests that the noted violation(s) be corrected by removing the basketball goal 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, (Ale.\O. _i-fit(('_j , hereby swear and affirm that the above statement is true and accurate. S'. --rely, It 3 • Angela Iri.. I CODE ENFORCEMENT ENDER: COMPLETE T'-lS ECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature) /i3---r �/ • Print your name and address on the reverse x (/ r Agent so that we can return the card to you. `�/ 0 Addresse( • Attach this card to the back of the mailpiece, B. .- eived by(Printed Name) C. Date of Deliver) or on the front if space permits. nL 14 44, _ 'I 1 1. Article Addressed to: D. Is delive C.dr-ss different from item 1? 0 Yes ,, If YES,enter delivery address below: ❑No Kn 1 a 1 omen . 0_,& 91 -1U2 1 . 3. vice iority 1111 1111111 IIIII I I1111111 1 11 11111 111 ❑dultt SignatureeRestricted Delivery 0 Registered Mall Rest®tE ❑Adult Signature ❑Registered Mar" 9590 9402 5982 0062 6068 80 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation" tail 0 Signature Confirmation 7 013 1710 0002 1.6 91 9 011 tail Restricted Delivery Restricted Delivery DO r....,...I5211 i..i.,nnac r,o.i,cnn.,.,nn.,r,nrn USPS TRACKING# �, „ 111111 I - "II•II I I II' I �! P 2 i- 9590 9402 5982 0062 6068 80 United States •Sender:Please print your name,address,and ZIP+4e in this box Postal Service City of Atlantic Beach Attn: Code Enforcement 800 Seminole Road Atlantic Beach, FL 32233 r 0LJ-111 , CODE ENFORCEMENT 0 CITY OF ATLANTIC BEACH, FLORIDA ilitr, NOTICE OF HEARING 12/9/2021 Case Number: 21-161 KNIERIEMEN DANIEL J JR Certified Mail Return Receipt: 860 BONITA RD 7017 0660 0000 3856 5354 ATLANTIC BEACH, FL 32233-4229 Property Address: 860 BONITA RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 6, 2022 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard on the following alleged violations on the property known as 860 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances VIOLATION CODE: Sec. 19-1. - Construction within and/or use of city rights-of-way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self-standing goals are permitted but basketball goal posts cannot be installed in the ground in the right of way. This is a repeat violation. A case regarding this issues was previously heard by the Special Magistrate on January 9, 2020. Repeat violations are subject to fines of up to $500/day. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Page 1 of 2 r • 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, ' \ Uu.Q),cC { , hereby swear and affirm that the above statement is true and A6curate. Angela Iriz Code Enforcement Officer, City o t antic Beach ATTEST: Kim Flower, Records Clerk Page 2 of 2 •ENDER: COMPLETE THIS SECTION • r" • r • • Complete items 1,2,and 3. Signature ■ Print your name and address on the reverse a� 9ent X so that we can return the card to you. 0 Addresse Attach this card to the back of the mailpiece, B eiv d b P ted Nary C. Date of Deliver 11Attach on the front if space permits. // ' (� 12-41-a I. Article Addressed to: D. Is delive dress different from item 1? 0 Yes If YES,`nter delivery address below: 0 No hril' ri omen Dale' l J;Yr. Cn - i III IIII III 'I I I1 I 'III I II I I III I I I I 3. Service Type 0 Adult Signature 0 Priority Mail Express® ❑Registered MaiITM 0 Adult Signature Restricted Delivery 0 Registered Mail Restrict 0 Certified Mail® Delivery 9590 9402 5982 0062 6066 99 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation, Insured Mail 0 Signature Confirmation '017 0660 0000 3856 5354 Insured Mail Restricted Delivery Restricted Delivery (over$500) 2C Germ,DRi 1 _1,I,onl c Deni, n_no_nnn_ona4 rinmcetir Rah irn Rercinl CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 0660 0000 3856 5477 vs. Property Address: 860 Bonita Road Daniel Knieriemen, Jr. Atlantic Beach, FL 32233 860 Bonita Road Atlantic Beach, FL 32233 Respondent. CASE NUMBER:21-161 REAL ESTATE NUMBER: 171105-0000 LEGAL DESCRIPTION: 30-60 17 2S-29E,ROYAL PALMS UNIT 1,LOT 15 BLK 1 ORDER ON CASE No.21-161 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 6, 2022, 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 860 Bonita Road, Atlantic Beach, FL. 2. Notice of the violation was delivered by certified mail no October 1, 2021. The notice of violation cited Sec. 19-1-Construction within and/or use of city rights-of-way. Specifically, the placement of a permanent basketball hoop installed in the right-of-way. 3. Notice of the hearing was delivered by certified mail on December 11, 2021. 4. A hearing was held at the January 6, 2022, Code Enforcement meeting. 5. The City of Atlantic Beach stated the violation remained for some time after notice. However, the violation was corrected prior to the Code Enforcement hearing. The City of Atlantic Beach stated there was a violation, but no fine should be assessed. CONCLUSIONS OF LAW 6. The Respondent was provided proper notice of the violation and hearing. The violation was corrected prior to the hearing. 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 has corrected the violation and no fine shall be assessed at this time. DONE AND ORDERED THIS 21 DAY OF JANUARY 2022. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE v`r 0/14-Af-- - Ladayija Nichols, Records Clerk Suza W. Green, Special Magistrate -40 Executed this 21 day of January 2022. ` 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. 2 •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. e t' ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. iiiir �� 0 Addressee • Attach this card to the back of the mailpiece, B. Receive, by(Printed Name) Date of Deliven or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1 u Yes If YES,enter delivery address below: ❑No n iRS-te,meC1 Case ) i - tom l II I I III III 11111 1Hi I 3111 I III III ❑Adult S gn tureice eRestricted Delivery 00 Registered Mail Restrict,Mail ❑Certified Mail® Delivery 9590 9402 5982 0062 6068 04 ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation,' Mail 0 Signature Confirmation 7 017 0660 0000 3856 5477 Mail Restricted Delivery Restricted Delivery ,_ _._300) -,o r.........0011 i..,..an4 a nn.,,cnn nn nnn nnrn n,....,..,.:,.o,.......o,.,,..:..,