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Home My WebLink AboutRE 305 Surf Dr NOVBrian, I’ve reviewed the draft NOV. On several occasions I spoke with you, David Dickey and Michael about the pool. It was my understanding that the City wanted to bring an abatement action under the 1985 Abatement Code and/or Property Maintenance Code regarding the pool because the pool is not repairable and requires removal and/or fill-in. If the property owner failed to remove and/or fill-in, the City wanted to abate the nuisance/violation and impose a lien against the property. This NOV doesn’t address the issue that I thought the City wanted to address and is not appropriate for this type of abatement action. We need to discuss. David, per the City Code, the City is still traveling under the 1985 Unsafe Building and Abatement Code and the 1998 IPMC. I need to obtain a copy of each of these codes from the City. They are not available online. Anthony Anthony A Garganese, Esquire Board Certified City, County & Local Government Law Garganese, Weiss & D’Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Tuesday, October 31, 2017 11:55 AM To: Anthony A. Garganese <agarganese@orlandolaw.net> Cc: Michael German <M.German@cityofcapecanaveral.org> Subject: 305 Surf Dr. NOV Anthony, Here is the draft NOV for Surf Dr. Thanks, Brian <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> Launch your connection… <https://url.emailprotection.link/?aAmyAO_nS_C1aDgBLeKyGTnviFKloi9zNXNSK 70lj5Q1VxCSZkrSRfVBToLK5B4gfWIfuR1c-GBIp-YKwW8iISQ~~> <https://url.emailprotection.link/?a4EEeZlvlF9FP23ScQKG9fYHLATjdfQGv2x7F YNjO8SQunoQTAQMpw0ZnqLY9ub93OTRjZTK1hj8zr8H_qQLNLg~~> <https://url.emailprotection.link/?aL3kNHouPzOK6AvEfGcJDRIUSOEcana8ToNcm 3gFzRBD1Ca33lNnUZMiMBSH_82xgl1Fdv7bYnK9FzWMxRGvX7w~~> <https://url.emailprotection.link/?a0Q7ct5_6cOdbJ86kpWB0z5Xs8oVwoHFBsVbA 54KlaacWW60fZk4oqZhXrawQzhYITdtCycb_RjtTpVzH0W9Eiw~~> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing p></o:p> <a href="https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vpQKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~"><img border="0" width="390" height="149" id="Picture_x0020_1" src="cid:image001.png@01D35341.5953A530" alt="Picture1"></a><o:p></o:p>       Launch your connection… <a href="https://url.emailprotection.link/?aAmyAO_nS_C1aDgBLeKyGTnviFKloi9zNXNSK70lj5Q1VxCSZkrSRfVBToLK5B4gfWIfuR1c-GBIp-YKwW8iISQ~~"><img border="0" width="32" height="32" id="Picture_x0020_2" src="cid:image002.png@01D35341.5953A530" alt="face book"></a><a href="https://url.emailprotection.link/?a4EEeZlvlF9FP23ScQKG9fYHLATjdfQG v2x7FYNjO8SQunoQTAQMpw0ZnqLY9ub93OTRjZTK1hj8zr8H_qQLNLg~~"><img border="0" width="32" height="32" id="Picture_x0020_3" src="cid:image003.png@01D35341.595 3A530" alt="camera"></a><a href="https://url.emailprotection.link/?aL3kNHouPzOK6AvEfGcJDRIUSOEcana8ToNcm3gFzRBD1Ca33lNnUZMiMBSH_82xgl1Fdv7bYnK9FzWMxRGvX7w~~"><img border="0" width="32" height="32" id="Picture_x0020_4" src="cid:image004.png@01D35341.5953A530" alt="in"></a><a href="https://url.emailprotection.link/?a0Q7ct5_6cOdbJ86kpWB0z5 Xs8oVwoHFBsVbA54KlaacWW60fZk4oqZhXrawQzhYITdtCycb_RjtTpVzH0W9Eiw~~"><img border="0" width="32" height="32" id="Picture_x0020_5" src="cid:image005.png@01D 35341.5953A530" alt="twitter"></a><o:p></o:p> <o:p> </o:p> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing <o:p></o:p> </div> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing </body> </html>