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Home My WebLink AboutRE SUBAC Notice of ViolationMichael, Attached is the Word version of the NOV. Please review again and complete the missing information including case number, inspection dates and numbers, and the date by which the violation must be remedied. I recommend that you afford at least 30 days to remedy. Also, attached is a copy of the title work that we had prepared for the City. You will note that the property owner appears to have a mortgage or home equity line with the former Wachovia Bank. As you may be aware, Wells Fargo acquired Wachovia years ago. Relative to this property, Wels Fargo has recorded a Request for Notice requesting notice for notice of defaults or notice of sale. The Request For Notice is in the attachment labeled Support Copies. However, for your convenience, I sorted it from the copies and attached it as the third attachment. Given the Request for Notice, I recommend that you mail a copy of the NOV, certified mail, return receipt to address listed: Wells Fargo Bank NA Foreclosure Department 18700 NW Walker Road #92 Mac # P6053-022 Beaverton, OR 97006 I recommend that you also include a copy of the Request for Notice with the NOV because it identifies the original mortgage interest between the bank and Mr. Schmitz. Please contact me if you have any questions. Regards, 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: Michael German [mailto:M.German@cityofcapecanaveral.org] Sent: Wednesday, November 22, 2017 12:28 PM To: Anthony A. Garganese <agarganese@orlandolaw.net>; David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: Brian Palmer <B.Palmer@cityofcapecanaveral.org> Subject: RE: SUBAC Notice of Violation Thank you, <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~~> From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Wednesday, November 22, 2017 12:26 PM To: Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > Subject: RE: SUBAC Notice of Violation I told David last week that there is a mortgage holder. I’ll send you the information and the NOV in Word for you to finalize. From: Michael German [mailto:M.German@cityofcapecanaveral.org] Sent: Wednesday, November 22, 2017 10:08 AM To: Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > Subject: RE: SUBAC Notice of Violation Good morning Anthony, We have completed our review and are ready to proceed, but have not heard the outcome of the title report. Please let us know if there are any other interested parties that would require notice. If you have any additional posting requirements we can discuss. Thanks, <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~~> From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Friday, November 03, 2017 10:49 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > Subject: SUBAC Notice of Violation Importance: High David, Per our discussion yesterday, I prepared the attached SUBAC Notice of Violation based on the historical information that your office has provided regarding the condition of the property. This document follows the necessary notice requirements under SUBAC when the building official orders a structure demolished. This notice is required to be sent by the building official (not code officer) and can be appealed to the Construction Board of Adjustment per Section 82-56. It needs to be carefully reviewed by staff especially the stated violations and described conditions constituting a violation on page 3. The building official may have other more specific conditions that should be referenced. Once this is finalized, the document has to be properly served on the owner and any other party have a legal interest in the property. As to the later, I ordered a title report today from Old Republic to ascertain if there are any other interested parties such as mortgage companies that require notice as well. We should have it back within a week. There will be posting requirements too that we can discuss at the appropriate time. I look forward to discussing the attached with you and staff. Regards, 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 <https://url.emailprotection.link/?abbrmuT-2OKg08dkUTFY94ZtivlApBDEBVH2E TaAwGBQ~> 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. 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 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 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. 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