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
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City of Atlantic Beach
Attn: Code Enforcement
800 Seminole Road
Atlantic Beach, FL 32233
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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
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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
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I. Article Addressed to: D. Is delive dress different from item 1? 0 Yes
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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: 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
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