HomeMy WebLinkAboutMemo for certified mail refusal
October 16, 2019
Charles W Pindziak & Helen C Pindziak Llc
C/O Charles W. Pindziak
112 E. Central Blvd
Cape Canaveral FL 32920
RE: PROPERTY MAINTENANCE
Dear Mr. Charles W. Pindziak:
Due to prior experience with certified mail not being claimed, a Notice of Legal Delivery is being sent to you along with your violation letter. You have previously refused, did not
accept, or did not claim the certified mail sent to you by the City of Cape Canaveral Code Enforcement Department.
The U.S Supreme Court has ruled (Case#00-6567), that a notice of certified mail satisfies the requirement of due process, and that an “attempt to provide notice” rather than “actual
notice” is sufficient notification. The court reasoned that due process requires only that the government’s efforts be reasonably calculated to apprise a party of the pendency of an
action. According to the U.S. Supreme Court ruling this letter is your notification of the violation(s) and the pending Code Enforcement action.
F.S. 162.12 Notices states; evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided
in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such
notice.
Please govern yourself accordingly.
Sincerely,
Brian Palmer
Code Enforcement Officer