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HomeMy WebLinkAboutcocc_special_magistrate_hearing_agenda_packet_20201027CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET October 27, 2020, 6:00 PM Pursuant to Chapter 162, Florida Statutes, Chapter 2, Division 2 and/or Chapter 82, Article IX (IPMC) of the City Code, and other applicable provisions of law, the Special Magistrate of the City of Cape Canaveral will conduct quasi-judicial evidentiary proceedings regarding the code enforcement cases listed below. CALL TO ORDER ADMINISTRATIVE BUSINESS: 1. Establish Next Meeting Date: January 26, 2021 2. Approval of Meeting Minutes: September 22, 2020 NEW CODE ENFORCEMENT CASES: 1. Case No. 2020-140 - Violations of Section 78-96. (c), (9), (10) General prohibitions and limitations, City of Cape Canaveral Code of Ordinances; Section 78-98. (b), (1-5) Permission to use sewer system; wastewater discharge permits, City of Cape Canaveral Code of Ordinances. (200 Imperial Blvd) Indian River Beverage Corporation, property owner. 2. Case No. 2020-206 - Violations of Section 110-486. Vacation Rentals, City of Cape Canaveral Code of Ordinances; Section 110-487. Rental restrictions on dwelling units, City of Cape Canaveral Code of Ordinances. (348 Chandler St.) Alexander Ganz & Jordan L Carbary, property owner. COMPLIANCE MASSEY HEARING CODE ENFORCEMENT CASES: None APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC): None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT City of Cape Canaveral Special Magistrate Hearing Docket October 27, 2020 Page 2 Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. The proceedings are open to the public, but the Special Magistrate reserves the right not to hear from non -interested parties because of the evidentiary nature of the proceeding. Orderly conduct and proper decorum will be maintained during the proceedings. The Special Magistrate may postpone, recess, reschedule or cancel any or all of the cases listed on this docket. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321) 868- 1220 48 hours in advance of the meeting. THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development RE: NOTICE OF HEARING V. Owners of the property located at: 200 IMPERIAL BLVD CAPE CANAVERAL FL 32920 Parcel ID: 24-37-15-00-755.1 Respondent(s): INDIAN RIVER BEVERAGE CORPORATION Respondent(s) Location of the Violation: 200 IMPERIAL BLVD CAPE CANAVERAL FL 32920 CASE No. EN20-140 DATE: 10/13/2020 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 27, 2020 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL TH E FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 13 day of October, 2020. City of Cape Canaveral Senior Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3628 7019 2280 0000 0198 3635 cc: LewisFox Law, Registered Agent 2525 Ponce De Leon Blvd, Suite 1080 Coral Gables, FL 33134 10/20/2020 USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70192280000001983628 FAQs > Remove X Your item was delivered at 1:43 pm on October 15, 2020 in CAPE CANAVERAL, FL 32920. October 14, 2020, 9:42 am Available for Pickup CAPE CANAVERAL, FL 32920 October 14, 2020, 7:10 am Out for Delivery CAPE CANAVERAL, FL 32920 hftps://tools.usps.com/gofTrackConfirmAction?qtc—tLabelsl =70192280000001983628 1/2 - Postal Service C✓ DeliveredW CERTIFIED MAV RECEIPT Domestic Mail Only . I October 15, 2020 at 1:43 pm DeliveredCD ,� � .- L: 9 E .. m C1> cert(�ed M 8 .' 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October 14, 2020, 9:42 am Available for Pickup CAPE CANAVERAL, FL 32920 October 14, 2020, 7:10 am Out for Delivery CAPE CANAVERAL, FL 32920 hftps://tools.usps.com/gofTrackConfirmAction?qtc—tLabelsl =70192280000001983628 1/2 10/20/2020 October 14, 2020, 5:03 am Arrived at Unit CAPE CANAVERAL, FL 32920 October 13, 2020, 5:27 pm Departed Post Office CAPE CANAVERAL, FL 32920 October 13,2020,2:57 pm USPS in possession of item CAPE CANAVERAL, FL 32920 Product Information USPS.com® - USPS Tracking® Results u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs -n M CD a Cr M 0 X https://tools.usps.com/gofTrackConfirmAction?qtc tLabels1=70192280000001983628 2/2 10/20/2020 USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70192280000001983635 FAQs > Remove X Your item was delivered to the front desk, reception area, or mail room at 1:46 pm on October 15, 2020 in MIAMI, FL 33134. C✓ Delivered October 15, 2020 at 1:46 pm Delivered, Front Desk/Reception/Mail Room MIAMI, FL 33134 Get Updates u Text & Email Updates Tracking History October 15, 2020, 1:46 pm Delivered, Front Desk/Reception/Mail Room MIAMI, FL 33134 Your item was delivered to the front desk, reception area, or mail room at 1:46 pm on October 15, 2020 in MIAMI, FL 33134. October 15,2020,3:15 am Departed USPS Regional Destination Facility MIAMI FL DISTRIBUTION CENTER -n m M Q. 0 77 https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsl =70192280000001983635 1/2 Postal Service - o RECEIPT�. Ln M DDrnestic Mail Only M .- m 0 F F C` v Q' r-9 Certified Mail Fee 0 Extra Services & Fees (check box, add fee as ❑ �`t��fi'•., C3 Retum Receipt (hardcopy) $ ` C3 C3 ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery Postmark v $ Here C3 []Adult Signature Required $ Uri ❑Adult Signature Restricted Delivery $ Postage �_ C0 rru Total F LewisFox Law, Registers gent v f y` Er $2525 2525 Ponce De Leon Blvd, � .a se"t' Suite 1080 ��tr� - u C3----------- r— Street Coral Gables, FL 33134 ciys /vp 114 Zo-J�fn October 15, 2020, 1:46 pm Delivered, Front Desk/Reception/Mail Room MIAMI, FL 33134 Your item was delivered to the front desk, reception area, or mail room at 1:46 pm on October 15, 2020 in MIAMI, FL 33134. October 15,2020,3:15 am Departed USPS Regional Destination Facility MIAMI FL DISTRIBUTION CENTER -n m M Q. 0 77 https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsl =70192280000001983635 1/2 10/20/2020 USPS.com®- USPS Tracking® Results October 14,2020,10:32 am Arrived at USPS Regional Destination Facility MIAMI FL DISTRIBUTION CENTER October 13, 2020, 9:02 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER October 13, 2020, 6:26 pm Arrived at USPS Regional Origin Facility ORLANDO FL DISTRIBUTION CENTER October 13, 2020, 5:27 pm Departed Post Office CAPE CANAVERAL, FL 32920 October 13, 2020, 2:57 pm USPS in possession of item CAPE CANAVERAL, FL 32920 Product Information u See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m CD cu Q sT n W https://tools.usps.com/golrrackConfirmAction?gtc_tLabels1=70192280000001983635 2/2 NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 200 IMPERIAL BLVD CAPE CANAVERAL FL 32920 Parcel ID: 24-37-15-00-755.1 Respondent(s): INDIAN RIVER BEVERAGE CORPORATION CASE NO. EN20-140 Date: 06/30/2020 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s) may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACC O Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN Case No. 2020-140 Page 2 1. Property where violation(s) exit(s): 200 IMPERIAL BLVD CAPE CANAVERAL FL 32920 2. Name and address of owner(s) of property where violation(s) exist: INDIAN RIVER BEVERAGE CORPORATION PO BOX 523 CAPE CANAVERAL, FL 32920 A recent inspection of the subject property and other relevant information conducted by the City Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions. A summary of the applicable City Code provisions and existing condition of the property is set forth below. Applicable Codes and Violation Comments: Section 78-96 (c) General prohibitions and limitations. (c) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes or any other substance which in the opinion of the city might harm the entire sewers, wastewater treatment process or equipment, adversely affect the receiving stream, pass through untreated or otherwise endanger life, limb, public property or constitute a nuisance. (9) Waters or wastes containing substances which are not amenable to treatment by reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters. (10) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to section 307(a) of the act. (This section currently identifies 129 priority pollutants in 64 categories.) 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 -��.citvrtc�,necan��eraLo ro THE SPACE BETWEEN* Case No. 2020-140 Page 3 Section 78-98 (b), (1 - 5) - Permission to use sewer system; wastewater discharge permits. (b) Approval is required for the admission of commercial or industrial wastes into the public sewers having: (1) A five-day 20 -degree BOD greater than 250 mg/I; (2) A suspended solids content greater than 250 mg/I; (3) A chemical oxygen demand greater than 400 mg/I; (4) A total Kjeldahl nitrogen (TKN) content greater than 30 mg/I; or (5) A total phosphorus content greater than ten mg/l. VIOLATION: The following violations where observed by the City's Wastewater Laboratory Manager, the City's Waste Water Plant Operations Manager and the City's Public Works Director. The violations were discussed during a meeting with representatives of the Florida Beer Company on January 11, 2020 and corrective actions were discussed. • Discharging of waste at a temperature not in compliance with lift station operations. • Discharging waste with pH over 8.0 into the sewer system. • Carbonaceous Biochemical Oxygen Demand (CBOD) discharged into to the sewer system is not in compliance with Florida Department of Environmental Protection (FDEP) requirements - over 250 mg/L. • Chemical oxygen demand (COD) out of compliance with reading over 400 mg/L. • Out of compliance in Total Kjeldahl Nitrogen (TKN) 30 mg/L and Phosphorous 10 mg/L per FDEP permit. • The waste being discharged into Lift Station No. 6 is causing damage to the pumps and floats as the waste is producing a film like substance in the entire lift station. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN THIRTY 30 DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. Contact the City's Wastewater Laboratory Manager, the City's Waste Water Plant Operations Manager and/or the City's Public Works Director for a list of corrective actions. 2. Pretreat waste prior to discharging into the city's sewer system. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACI Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN Case No. 2020-140 Page 4 Section 78-57. - Right of refusal. The city reserves the right to terminate any agreement and to refuse waste from any lot or parcel of land upon which there is located any building or activity which does not comply with this division, supply proper metering of waste, or which is not within its designated service area. The city reserves the right to immediately halt any discharge that is an imminent danger to the system or users of the system and to seek injunctive relief. Section 78-97. - Control of prohibited wastes. (a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 78-96 and which, in the judgment of the city, may have a deleterious effect upon the sewage works, processes, equipment, receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the city may: (1) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require the person making, causing or allowing the discharge to pay additional cost or expense incurred by the city for handling and treating excess loads imposed on the treatment system. (4) Require control over the quantities and rates of discharge. (b) If the city permits the pretreatment or equalization of waste flows, the design and installation of the facilities and equipment shall be subject to the review and approval of the city and shall be subject to the requirements of all applicable codes, ordinances and laws. In addition, any contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403, the Clean Water Act, and any other regulation as shall from time to time be established by the Environmental Protection Agency or other appropriate regulating governmental agency. (c) Grease, oil and sand interceptors shall be provided on facilities when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or containing any flammable wastes, sand or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall conform to chapter 8 of the plumbing code adopted in section 82-146 and shall be approved by the city. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. (d) Where preliminary treatment, flow -equalizing facilities or grease, oil and sand interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (e) Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this division. Facilities to prevent accidental discharge of prohibited materials THE 100 Polk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326 SPACE Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' �t���a.citvoicanerai�a�°cral.<x-� Case No. 2020-140 Page 5 shall be provided and maintained at the owner's or operator's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. No user who commences contribution to the POTW after the effective date of the ordinance from which this section is derived shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this division. (f) If an accidental discharge occurs, the facility responsible for such discharge shall immediately notify the city so that corrective action may be taken to protect the treatment system. In addition, a written report detailing the date, time and cause of the accidental discharge; the quantity and characteristics of the discharge; and corrective action taken to prevent future discharges shall be filed with the city by the responsible industrial or commercial facility within five days of the occurrence of the noncomplying discharge. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or other damage to person or property nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this division or other applicable law. (g) Upon the promulgation of the national categorical pretreatment standards for a particular industrial subcategory, the national standard, if more stringent than limitations imposed under this division for sources in that subcategory, shall immediately supersede the limitations imposed under this division. The city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Section 78-100. - Industrial or commercial wastewater monitoring and reporting. (e) Every significant industrial user shall maintain such records of production quantities, discharge volumes, discharge rates and pollutant amounts or concentrations as are necessary to demonstrate that his operation and discharge of waste does not adversely affect operation of the city's wastewater treatment system. Where specific pretreatment requirements and discharge limitations have been adopted, whether by the federal government, the state or the city, a significant industrial user to whom the adopted requirements and limitations apply shall maintain sufficient additional records as are necessary to demonstrate compliance according to the following: (1) All such records shall be summarized and included in the quarterly discharge reports to be filed with the city. (2) Such records shall be made available upon request to the designated representative or to officials of the U.S. Environmental Protection Agency. (3) Monitoring equipment required to maintain records of discharge flow and pollutant concentrations shall be installed and maintained at the expense of the owner or operator of any applicable premises or facility discharging industrial wastewater into the system. Points for the THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 S INA Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' �� �� ��.cit�+�lcanerauaveraLor�= Case No. 2020-140 Page 6 measurement and sampling of wastewaters shall be located where readily accessible to city personnel. Please bdd advised that if the owner of property that is subject to this Notice of Violation transfers ownership of such property between the time this Notice of Violation is served and the time of the hearing before the Special Magistrate, the owner of property is required by Section 162.06(5), Florida Statutes to disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the owner; disclose, in writing, to the prospective transferee that the new owner of the property will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and file a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud. Please immediately contact Code Enforcement Officer, Brian Palmer, at 321-868-1220, Ext. 115 regarding any questions and additional information you may need concerning this Notice of Violation. PLEASE GOVERN YOURSELF ACCORDINGLY. City of Cape Canaveral Senior Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3550 7019 2280 0000 0198 3567 cc: LewisFox Law, Registered Agent 2525 Ponce De Leon Blvd, Suite 1080 Coral Gables, FL 33134 THE S100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 BETWEEN' �� �•✓,� .citv��ica��ccana� eraLur� co Ir r-9 0 0 C3 O O 0 co ru ru tr- a 0 r%- �H✓ Postmark 3 0 2020- ■ Complete items 1, 2, and 3. s Print your name and address on the reverse. so that we can return the card to you. r Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: INDIAN RIVER BEVERAGE C CORPORATION PO BOA( 523: CAPE CANAVERAL, FL 32920 a X4�6E3Agent ❑ Addressee B. Recei+ ed by (Printed Name) C. Date of Delivery Is delivery address differeA from item 11 ❑ Yes If YES, enter delivery address below: 0 No - U.S. Postal Service CERTIFIED MAV RECEIPT II I IIIIII IIII I'I I II III Domestic Mail Only II I VIII III 11Adult Signature ❑ Registered MallTM 9590 9402 4747 8344 3152 17 ❑ Adult Signature Restricted Delivery X Certified Mall® For delivery information, visit our website at www—n, ,.,,.,.o co Ir r-9 0 0 C3 O O 0 co ru ru tr- a 0 r%- �H✓ Postmark 3 0 2020- ■ Complete items 1, 2, and 3. s Print your name and address on the reverse. so that we can return the card to you. r Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: INDIAN RIVER BEVERAGE C CORPORATION PO BOA( 523: CAPE CANAVERAL, FL 32920 a X4�6E3Agent ❑ Addressee B. Recei+ ed by (Printed Name) C. Date of Delivery Is delivery address differeA from item 11 ❑ Yes If YES, enter delivery address below: 0 No 3. e 0 Priority Mail Express@ II I IIIIII IIII I'I I II III IIIA I I IIII III II I VIII III 11Adult Signature ❑ Registered MallTM 9590 9402 4747 8344 3152 17 ❑ Adult Signature Restricted Delivery X Certified Mall® ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery XSignature ConfirinationTM 7 019 2280 0000 0198 3550 d °' Mai' orad Mail Restricted Delivery ❑ Signature Confirmation Restricted Delivery. '. $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 �� ✓ ZU — / �D Domestic Return Receipt r%- —0 v7 M ro Ir r9 0 0 0 O O O ru ru Er r'9 0 r% - INS / cc. �2-4- Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LewisFox Law, Registered Agent 2525 Ponce De Leon Blvd, Suite 1080 Coral Gables, FL 33134 43 302ft" 00 A. Signature X c ©v Agent c� 13 Addressee S. Received by (Print Name) C. Date of Delivery D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Priority Mail Express® ll IIII�I I'll I'I I ll III II!' I I I Illi III III I I� I I III ❑Adult Signature ❑Registered MaijTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4747 8344 3152 24 ❑ Certified Mail® Delivery Certified Mail Restricted Delivery ❑ Retum Receipt for 2. Article Number {Transfer from service label) ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery XSignature Confirmationm ' sured Mail 7 019 2280 0000 0198 3567 sured Mall Restricted Delivery ❑ Signature Confirmation Restricted Delivery _ der $500• PS Form 3811, July 2015 PSN 7530-02-000-9053 /VD (/ 70 — yU Domestic Return Receipt THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Respondent(s) Ganz, Alexander, Carbary, Jordan L 7521 SW 56th Ave. Gainesville, FL. 32608 City of Cape Canaveral Community Development RE: NOTICE OF HEARING Location of the Violation: 348 Chandler St, Cape Canaveral, FL. 32920 CASE No. 20-206 DATE: 9/28/2020 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 27, 2020 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 28t day of September, 2020. Chris Robinson, Code Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7018 1130 0001 7000 5459 City of Cape Canaveral Community Development RE: AFFIDAVIT OF POSTING I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 9/28/2020 at the following address: 348 Chandler St. Cape Canaveral, FL 32920 on this day of October 2020 and the required posting at City Hall, 100 Polk Avenue, Cape s Robinson, Code Enforcement Officer State of Florida County of Brevard On this 15th day of October, 2020, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. PATRICIA ANN ROTH .; .; MY COMMISSION # HH 001077 EXPIRES_ May 18, 2024 '•.FOR i.4�• o,...w..• x_. uu Notary Public Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvotcaiiec,inaveral.o-,-, THE SPAU BETWEEN' NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE NO. 20-206 Date: 8/24/2020 Owners of the property located at: 348 Chandler St. Cape Canaveral, FL. 32920 Parcel ID: 24-37-14-87-00-5 Respondent(s): Ganz, Alexander, Carbary, Jordan L PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within ten (10) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s) may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPAU Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' �e�t��.citv��fcanecana�eral.oi� Case No. 2020-118 Page 2 1. Property where violation(s) exit(s): 348 Chandler St Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Ganz, Alexander, Carbary, Jordan L A recent inspection of the subject property and other relevant information conducted by the City Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions. A summary of the applicable City Code provisions and existing condition of the property is set forth below. Applicable Codes and Violation Comments: ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS Section 110-486. - Vacation rentals. Nothing contained in the City Code shall be construed as prohibiting the use of any dwelling unit as a "vacation rental," as defined by F.S. ch. 509. Vacation rentals shall comply with the minimum seven- day rental restriction pursuant to section 110-487 of the City Code and shall be governed by F.S. ch. 509, the Florida Building Code and the Florida Fire Prevention Code. Section 110-487. - Rental restrictions on dwelling units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4), vacation rentals in the C-1 zoning district, and a vacation resort campus under section 110-490. VIOLATION: The property continues to be in violation of the 7 day minimum rental restriction. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN THIRTY 30 DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: 1. Discontinue operating a vacation rental for less than the minimum of 7 days. Please be advised that if the owner of property that is subject to this Notice of Violation transfers ownership of such property between the time this Notice of Violation is served and the time of the hearing before the Special Magistrate, the owner of property is required by Section 162.06(5), Florida Statutes to disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; deliver to the prospective transferee a copy of the pleadings, notices, and other materials THE E 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPAC Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' u����.ritv��lcanecan<��eraLora Case No. 2020-118 Page 3 relating to the code enforcement proceeding received by the owner, disclose, in writing, to the prospective transferee that the new owner of the property will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and file a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud. Please immediately contact Code Enforcement Officer Chris Robinson, at 321-868-1220, Ext. 116 regarding any questions and additional information you may need concerning this Notice of Violation. PLEASE GOVERN YOURSELF ACCORDINGLY. City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7018 1130 0001 7000 5367 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 wxv.citvotcat)ec maveral ori, THE SPACE BETWEEN' City of Cape Canaveral Community Development RE: AFFIDAVIT OF POSTING I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Violation dated 8/24/2020 at the following address: 348 Chandler St. Cape Canaveral, FL 32920 on this 9th da of September 2020 and the required posting at City Hall, 100 Polk Avenue, Cape Chris Robinson, Cdde n orcement Officer State of Florida County of Brevard On this 9th day of September, 2020, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. PATRICIA ANN ROTH Q;. MY COMMISSION # HH 001077 EXPIRES: May 18, 2024 Notary Public ��F F :° ' Bonded Thru Nabuy Public Underw�rillers Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 wNx,w.citvofcat)ecailaveral.ors! THE SPALL BETWEEN'