Jacksonville Beach Special Magistrate Rules on Business Violations
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Meeting Type:
Special Magistrate
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Meeting Date:
05/22/2024
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Recording Published:
05/22/2024
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Duration:
157 Minutes
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State:
Florida
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County:
Duval County
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Towns:
Jacksonville Beach
- Meeting Overview:
The Jacksonville Beach Special Magistrate recently convened to adjudicate a number of code violation cases affecting local businesses and property owners. The hearing’s most significant ruling involved Bad Bob 76 LLC, doing business as Susan Mar Hair Designers, which was found guilty of failing to comply with business tax receipt requirements. The property owner was ordered to pay all associated costs, delinquency fees, and attorney’s fees, as requested by the city. This outcome was reached after a examination of the city’s evidence and the testimony provided by the Deputy City Clerk, which detailed the business’s failure to renew its business tax receipts and the subsequent accumulation of late and delinquency fees.
During the hearing, the city attorney presented evidence of the business tax receipt violation, citing section 15-2 of the city code. The Deputy City Clerk testified about the renewal process. Despite multiple notices from the city regarding the fees due, the business had not fulfilled its obligations. The city attorney, after providing a detailed account of the time and hourly rate associated with the case, requested that the magistrate order the recovery of these expenses.
The magistrate sought clarification on several points, including the status of Bad Bob 76 LLC and whether it had been dissolved. The city attorney assured that the business maintained a history of payment and continued to operate under the same ownership. After considering the evidence and testimony, the magistrate ruled in favor of the city, allowing the recovery of costs, delinquency fees, and attorney’s fees.
The meeting also addressed several other code violation cases, each with varying degrees of compliance and resolution. These cases ranged from parking violations involving a recreational vehicle on Palm Tree Road, where the property owner obtained a variance, to unauthorized construction, such as the case of a shed built without a permit on South First Street. In some instances, the property owners were making progress towards compliance, such as on North 14th Avenue, where renovations were underway without a final inspection. In another case, 1121 North 3rd Street Inc. was reminded to maintain compliance with an order regarding the outside display of merchandise.
A notable discussion emerged around a citation issued to T Gregory Imports for prohibited outdoor advertising. The business owner argued against the citation, emphasizing the distinction between on-site promotional items and commercial advertising. The debate delved into the interpretation of city code sections related to signs and outdoor advertising. The business owner presented photos and documents, including an amendment to the ordinance from December 2015 and a document from the Florida Department of Transportation, to argue that the violation citation was not applicable to their business practices. The magistrate deferred a decision on this matter until further review of the ordinance.
The hearing also touched upon the issue of selective enforcement and the implications of a complaint-driven process. Concerns were raised about potential arbitrary enforcement and the lack of evidence in certain cases. The magistrate requested additional information and postponed a decision until the relevant city personnel could provide further interpretation of the provisions in question.
In anticipation of the next meeting on June 26, the debate continued as to whether a store should be allowed to display merchandise and an A-frame sign outside until the hearing. The city representative argued against it, citing concerns about setting a precedent for other businesses. However, the store owner sought a compromise, which resulted in the magistrate scheduling a meeting between the city and the store owner to discuss code interpretation before the hearing.
Christine Hoffman
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Meeting Date:
05/22/2024
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Recording Published:
05/22/2024
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Duration:
157 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Duval County
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Towns:
Jacksonville Beach
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