HomeMy WebLinkAboutRE Xtreme Fun Noise Violation (8)Thanks.
Kimberly Romano Kopp, Esq.
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: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net>
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From: Gary Stepalavich [mailto:G.Stepalavich@cityofcapecanaveral.org]
Sent: Tuesday, May 27, 2014 2:37 PM
To: Kim Kopp
Subject: FW: Xtreme Fun Noise Violation
Kim,
Here is the original thread.
Gary
From: Kim Rezanka [mailto:KRezanka@deanmead.com]
Sent: Monday, May 19, 2014 8:29 AM
To: Gary Stepalavich
Cc: Todd Morley; Rocky Randels; Kim Kopp
Subject: RE: Xtreme Fun Noise Violation
Gary,
Based upon your email from May 5th, I believed you were going to
investigate the code section and whether the citation was even
appropriate. Per Todd’s email, another “violation” will result in a
fine. If you start with an improper interpretation of the ordinance, a
second improper citation will follow, and then a fine.
Please do not let this issue go without some investigation.
Thank you,
Kim Rezanka
<http://cp.mcafee.com/d/5fHCN8idEInhjhvuppdTdLLCzB4sMCqejrXVEVh7cee6TTPh
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8h1>
Kimberly Bonder Rezanka
Shareholder
KRezanka@deanmead.com <mailto:KRezanka@deanmead.com>
Dean Mead
8240 Devereux Drive, Suite 100
Viera, Florida 32940
321-259-8900 . Fax 321-254-4479
www.deanmead.com
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Orlando | Fort Pierce | Gainesville | Tallahassee |
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From: Gary Stepalavich [mailto:G.Stepalavich@cityofcapecanaveral.org]
Sent: Monday, May 19, 2014 8:00 AM
To: Kim Rezanka
Subject: RE: Xtreme Fun Noise Violation
Kim,
Cpl. Manley issued a warning that night and if we have any further
complaints they will be handled accordingly.
Sincerely,
Gary Stepalavich, MCP
Building Official / Code Enforcement Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x12 (321) 868-1247 (fax)
g.stepalavich@cityofcapecanaveral.org
<mailto:g.stepalavich@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://cp.mcafee.com/d/k-Kr418p43qb5QkQnTCmjtPrXVEVh7c9CzAS--qekhP3zxJZ
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From: Kim Rezanka [mailto:KRezanka@deanmead.com]
Sent: Saturday, May 17, 2014 11:40 AM
To: Gary Stepalavich
Cc: Todd Morley; Rocky Randels; Kim Kopp
Subject: FW: Xtreme Fun Noise Violation
Gary,
Have you had the time to investigate this further? My client is
adamant that the music is not too loud – the same as it has been for 22
years – and that it is not being played “after hours” or after 11:00.
Additionally, Sec. 34-153(2) states that the music must “disturb the
peace, quiet and comfort of the neighboring residents”. I do not
believe the Cpl. Manley is a “neighboring resident”, nor are any guests
of the Radisson. Perhaps Mrs. Franks is a neighboring resident, but her
complaint was on April 27, 2014, not May 3, 2014 – the date of the
citation.
This is overreaching at best.
Please advise what the City intends to do about this improper citation.
Thank you,
Kim Rezanka
From: Gary Stepalavich [mailto:G.Stepalavich@cityofcapecanaveral.org]
Sent: Monday, May 05, 2014 2:11 PM
To: Kim Rezanka
Subject: FW: FW: RE:
Kim,
Here’s the string of emails. I’m going to look at our code section 34
in and I’ll get back to you.
Thanks,
Gary Stepalavich, MCP
Building Official / Code Enforcement Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x12 (321) 868-1247 (fax)
g.stepalavich@cityofcapecanaveral.org
<mailto:g.stepalavich@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://cp.mcafee.com/d/5fHCMUSyNt5d5ZVBATsS--qekhP2pEVdLLCzB4sMUUrvvd7a
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Xelo6SrC_D0d>
From: Ring, Paul [mailto:paul.ring@bcso.us]
Sent: Monday, May 05, 2014 8:46 AM
To: Todd Morley
Cc: Gary Stepalavich
Subject: Re: FW: RE:
Todd and Gary, Cpl Manley heard the music from the golf course at the
Radisson. He met with the manager provided him with a copy of the city
ordinance and issued a warning. It will continue to be monitored. Paul
Sent from my iPhone
On May 1, 2014, at 12:28, "Todd Morley"
<T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> > wrote:
Gary and Paul,
Let’s address this jointly with Code Enforcement and BCSO
Paul – since this is allegedly happening after-hours, please
review city code section 2-283(4) with your deputies about and have them
investigate and issue a warning citation for the first offense and a
$100 citation for any subsequent offenses. Additionally, please notify
Gary (Building Official) of the status and whether it continues after
the night-time visit by your deputy.
Gary - please share with property owner, Mosh Gal city code
section 34-153 and issue a NOV as necessary based on the deputy’s
investigation.
Thank you,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://cp.mcafee.com/d/FZsS820w91NJ5yWaqbXPb9KVJZYQsEzC4PhOrvvd7a8VxNMS
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“If it is to be, it is up to me”
<image003.png>
From: David Greene
Sent: Thursday, May 01, 2014 11:59 AM
To: Todd Morley; Gary Stepalavich
Cc: Rocky Randels
Subject: FW: RE:
Team,
Please investigate and handle accordingly. Thanks. DG
From: Rocky Randels
Sent: Wednesday, April 30, 2014 11:00 PM
To: David Greene
Subject: FW: RE:
Mr. Greene; I have responded to the resident, and asked her to
be
able to cite specific times, and hours so we can provide the
owner
with information that he can discuss with the Manager who is
causing
the situation. Rocky
From: Linda [mailto:lindafranks09@live.com]
Sent: Sunday, April 27, 2014 4:28 PM
To: Rocky Randels
Subject: RE:
Hello Rocky,
You helped me previously so I am hoping you can help again.
The same minature golf course is blaring its radio again and I
can hear it in my house with all the doors and windows closed.
Please ask them to turn down the volume and move the speakers so
that they face East.
Thank you so much.
Linda Franks
407-792-9871
________________________________
From: R.Randels@cityofcapecanaveral.org
<mailto:R.Randels@cityofcapecanaveral.org>
To: lindafranks09@live.com <mailto:lindafranks09@live.com>
Date: Mon, 6 Feb 2012 20:55:35 -0500
Subject: RE:
Linda; Thank you for the opportunity to address your concerns
to make our City
a better place to live.
Linda , thank you for the heads up on the Miniature Golf
Business noise. I will forward
this to our Code Enforcement Officer to contact the operator,
and remind him of our
noise ordinance, even though he is in a Commercial Zoning
District; the same applies
to the entire City. Thank You for selecting our area. and we
will continue to improve
the Quality of Living as we can. If I can be of any
assistance, my home phone number
is: 321-784-5694, and please feel free to call. I do not have a
computer at home, and
only use this one at City Hall in the evening, when it is
available; thus my replies by
e-mail may not be timely, so the phone may be useful to you.
Rocky
Rocky Randels,
Mayor
City of Cape Canaveral, Florida
From: Linda Franks [mailto:lindafranks09@live.com]
Sent: Monday, February 06, 2012 4:18 PM
To: Rocky Randels
Subject:
Hello Mayor,
We met the other evening at the Family Fest on Taylor St. I
have a couple of concerns.
The beach has a lot of seaweed. Wouldn't it be nicer if it was
cleaned up around once a month?
The minature golf course on the corner of Central and Astronaut
plays its music much too loud. Please have them turn it down. Don't
you think that the residents of the assisted living facility that will
be built here will be very unhappy with rock and roll at 2AM?
Thanks.
Linda Franks
407-792-9871
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Florida has a very broad public records law. As a result, any written
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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
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