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Home My WebLink AboutRE Appeals Board - Unsafe Building Abatement CodeThanks Anthony! I have discussed with Mia/Daniel and we are getting these ready for tomorrow’s agenda. <mailto:http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Saturday, December 09, 2017 8:53 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: David Greene <D.Greene@cityofcapecanaveral.org>; Kristin Eick <keick@orlandolaw.net> Subject: Appeals Board - Unsafe Building Abatement Code Importance: High David, Per our discussion with the City Manager earlier this week and for this upcoming City Council agenda, attached are two ordinances related to delegating the appeal authority under the Unsafe Abatement Code to the Code Enforcement Board. The rationale for the ordinances was previously discussed and is expressed in the ordinance recitals. The first is an emergency ordinance which would immediately delegate the authority to the Code Enforcement Board effective December 19th. Per the City Charter, this Ordinance will stand automatically repealed on the 61st day after adoption (February 18, 2018), unless sooner terminated or reenacted by Council, because it’s an emergency ordinance. If the property owner at 305 Surf files an appeal related to the swimming pool notice of violation, the Unsafe Abatement Code will require (unless extended by mutual agreement of the City and the property owner) that the appeal hearing occur within 10 days from the date that the appeal is filed with the City. The emergency ordinance is necessary to address this possibility in a timely manner. No newspaper advertisement is required for the adoption of an emergency ordinance. The second ordinance is a regular ordinance which would amend the City Code to permanently delegate the appeal hearing responsibilities under the Unsafe Abatement Code to the Code Enforcement Board. This Ordinance will need to be advertised, in a newspaper of general circulation, 10 days prior to the second and final reading. If you have any questions, please contact me. Further, I believe the property owner has until December 21st to comply with the building official’s notice of violation. In the meantime, if a notice of appeal is filed by the property owner, please let me or Kristin know. Regards, Anthony Garganese, Weiss & D'Agresta, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: sshell@orlandolaw.net <mailto:sshell@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. 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 o:p> 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: <a href="http://www.orlandolaw.net/">www.orlandolaw.net</a> Email: <a href="mailto:sshell@orlandolaw.net">sshell@orlandolaw.net</a> <o:p></o:p>  <o:p></o:p> 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. <o:p></o:p> 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. <o:p></o:p> <o:p> </o:p> <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>