The URL can be used to link to this page

Home My WebLink AboutFW Xtreme Fun Noise Violation (4)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://www.deanmead.com/> 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 <http://www.deanmead.com/> Orlando | Fort Pierce | Gainesville | Tallahassee | Viera/Melbourne ________________________________ PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify us immediately by telephone. Thank you. ________________________________ REGULATORY DISCLAIMER: As required by United States Treasury Regulations, please be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purpose of (1) avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws, or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. ________________________________ Think Green! Please consider our environment before printing this e-mail. 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://www.cityofcapecanaveral.org/> 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://www.cityofcapecanaveral.org/> 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://www.cityofcapecanaveral.org/> “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 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 on 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://www.cityofcapecanaveral.org/> 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://www.cityofcapecanaveral.org/> “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 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