Loading...
HomeMy WebLinkAboutcocc_special_magistrate_agenda_packet_20210223CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET February 23, 2021, 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: March 30, 2021 2. Approval of Meeting Minutes: October 27, 2020 NEW CODE ENFORCEMENT CASES: 1. Case No. 2020-191 - Violations of Section 105. Required Permits, Florida Building Code; Section 110. General Inspections, Florida Building Code. (121 Justamere Rd) Mike Nagella and Jennifer Fritts, property owner. 2. Case No. 2020-237 - Violations of Section 34-96. (a), (b), (d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-97. (a), (1), (3) Duties and responsibilities for maintenance, City of Cape Canaveral Code of Ordinances; Section 34-98. Building appearance and maintenance, City of Cape Canaveral Code of Ordinances; Section 34- 122. Public nuisances prohibited, City of Cape Canaveral Code of Ordinances. (8551 Rosalind Ave) Doris Fisher and Virgil Fisher, 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 February 23, 2021 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. S RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, a Mike Nagella; Jennifer Fritts 121 Justamere Rd. Cape Canaveral, FL 32920 Respondent(s) Location of the Violation: 121 JUSTAMERE RD Cape Canaveral, FL 32920 City of Cape Canaveral Community Development CASE No. EN20-191 DATE: February 10, 2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on February 23, 2021 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 THE SPAC 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEE Telephone (321) 868-1220 • Fax: (321) 868-1247 ,�vww.citvofcapecariavei-al.org Case No. EN20-191 Page 2 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 10th day of February, 2021 John ayberry Code nforcement Officer ' Certified Mail: 7019 2280 0000 0198 3322 00 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 wxvw.cit}�ofcapecanaveral.org THE SPACC BETWEEN' City of Cape Canaveral Community Development RE: AFFIDAVIT OF HAND -DELIVERY I, John Mayberry, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have hand -delivered the following Notice: Notice of Hearing dated 02/10/2021 to NAGELLA, MIKE; FRITTS, JENNIFER; at the following address: 121 JUSTAMERE RD CAPE CANAVERAL, FL 32920 On February 11, 2021. and the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 32920. SJo Mayberry, C d Enfo ce nt Officer State of Florida County of Brevard On this February 11, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. Daniel LeFew Notary Public State of Florida Comm# HH014221 Expires 6/24/2024 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. NOTICE OF VIOLATION City of Cape Canaveral C"omrnunity Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 121 JUSTAMERE RD CAPE CANAVERAL FL 32920 Parcel ID: 24-37-22-00-6 Respondent(s): MIKE NAGELLA; JENNIFER FRITTS CASE NO. EN20-191 Date: 08/01/2020 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 THREE (3) days. 16 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 SPAU 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' �� �N w.CO (Oc"mcranarenfl.o Case No. EN20-191 Page 2 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. 1. Property where violation(s) exit(s): 121 JUSTAMERE RD. CAPE CANAVERAL FL 32920 2. Name and address of owner(s) of property where violation(s) exist: MIKE NAGELLA, JENNIFER FRITS 121 JUSTAMERE RD. 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: Chapter 82 - Buildings and Building Regulations Article II - Building Code Section 82-31 - Florida Building Code Adopted The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 �� wNk ,, itv��tcan�cana� cral.��r� THE SPA BETWEEN' Page 3 v Florida Building Code (FLBC) Section 105 Required Permit(s) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permits. FLBC Section 110 General Inspection(s) Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspections. VIOLATION: The property owner has constructed a carport/garage, erected a fence and performed electrical work without obtaining the required permits. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN THREE (3) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: The owner shall obtain the proper permits for the work performed bringing the property into compliance with the standards as set forth in Sections 105 and 110 of the Florida Building Code. 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 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 THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' 11G1" .i lll�>1cfl�)�l'EIIILICI<I�.lf� Case No. EN20-191 Page 4 after the date of the transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud. Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 regarding any questions and additional information you may need concerning this Notice of Violation. PLEASE GOVERN YOURSELF ACCORDINGLY. - 1 l t.- 1 n Mayberry Code Enforcement Officer City of Cape Canaveral Certified Mailing Numbers: 7018 2280 0000 0197 7894 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 �t;�v�.ci1wlcancc: nimmeral cru THE SPACE BETWEEN' Er 1 0- Certified Mail Fee Q� C3 $ Extra Services & Fees (qD.91T.very as appropriate) Q ❑ Retum Receipt (hardoo$ Q ❑ Reb- Receipt (electroS A- O ❑CerttW Mail RestricteDelivery$ L3 ❑Adult Signature Require$ [:]Adult Signature Restric O Postage cfl f $ G`S 1J Total Postage and Fees ru Ir S Sent To A,,,,, , ,A f , S"treat anilApt: N of lS�oz !_1►�l� . airy Sesta, ------- ------------------ s *- 3ui * 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: i. Article Adore ( V IIIlllllllilllllillllllllllllllllllllll 1111111 9590 9402 4753 8344 1806 63 9 Artirla KhlrnhRr ?ransfer from service label) 7019 2280 0000 0197 7894 Ps Form 3811, July 2015 PSN 7530-02-000-9053 220„a' Ifforl- A. Signature X 13 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: p No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail® Delivery 0 r-ertified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $500) i ftj ?,6'/9/ Domestic Return Receipt lel .mss wt-' ►� ALERT USPS IS EXPERIENCING UNPRECEDENTED VOLUME INCREASES AND LIMITED EMPL... USPS Tracking® FAQs > Track Another Package + Tracking Number: 70192280000001977894 Remove X Your item was delivered to an individual at the address at 1:39 pm on August 5, 2020 in CAPE CANAVERAL, FL 32920. G Delivered August 5, 2020 at 1:39 pm Delivered, Left with Individual CAPE CANAVERAL, FL 32920 Get Updates u Text & Email Updates Tracking History August 5, 2020,1:39 pm Delivered, Left with Individual CAPE CANAVERAL, FL 32920 Your item was delivered to an individual at the address at 1:39 pm on August 5, 2020 in CAPE CANAVERAL, FL 32920. August 5, 2020, 7:10 am Out for Delivery CAPE CANAVERAL, FL 32920 n m CE) CDX hftps://tools.usps.com/gorTrackConfirmAction?qtc—tLabeisl =70192280000001977894 1/2 THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Doris Fisher, Virgil Fisher 9954 Matthews Hwy. Tecumseh, M1.49286 City of Cape Canaveral Community Development RE: NOTICE OF HEARING Location of the Violation: 8551 Rosalind Ave. Cape Canaveral, FL. 32920 CASE No. 20-237 DATE: 2/1/2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on February 23, 2021 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 1 st day of February, 2021. C216 2 Chris Robinson, Code Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7020 0090 0001 8344 3386 -0 Domestic Mail Only M M j L y( Certified Mail Fee Q M CO $ P Extra Services & Fees (check box, add f as appropnate r =I ❑ Retum Receipt (hardcopy $ HE C3 ❑ Retum Receipt (electronic) $ 0 ❑CaTtfled Mail Restrictad Delivery $ 0 ❑Adult Signature Required $ ❑Adult Signature Restricted Deilvery$ O Postage G o $ Doris Fisher; Vir O Total Postag - $ 9954 Matthews Hwy. . Sent To Tecumseh, Mi. 49286 ru N SYFeet andA;l J NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE NO. 20-237 Date: 11/10/2020 Owners of the property located at: 8551 Rosalind Ave. Cape Canaveral, FL. 32920 Parcel ID: 24-37-14-51-4-8.07 Respondent(s): Doris Fisher; Virgil Fisher 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 SPAU Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN .l"]1 VO11"Illec' Ril\ eniI.;,l-t Case No. 2020-237 Page 2 1. Property where violation(s) exit(s): 8551 Rosalind Ave. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Doris Fisher; Virgil Fisher 9954 Matthews Hwy. Tecumseh, Mi. 49286 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. ARTICLE III. - PROPERTY MAINTENANCE STANDARDS Chapter 34 — Environment Section 34-96 (a,b,d). - Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Section 34-97(a)(1,3) .- Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: THE r 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 S IVA Telephone (321) 868-1220 - Fax: (321) 868-1247 BETWEEN' vv vN,\\ .cily+�ir2tl�zr8na� eral.ol L, Case No. 2020-237 Page 3 (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. ARTICLE IV. - WEEDS AND DEAD VEGETATION Section 34-98. - Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. Section 34-122. - Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. VIOLATION: The property located 8551 Rosalind Ave. has weeds growing in the driveway, weeds in excess of 6 inches, the fence is falling apart, there is a stack of tires piled up out front, the front window sill is cracked showing the rusted rebar underneath, the exterior walls are black with mildew or dirt and the back sliding door has plywood in place of one of the doors. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN THIRTY L3Q) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. Mow and trim the grass and weeds, repair the fence, remove the tires, repair the window sill, remove the mildew or dirt on the exterior walls and repair the damaged sliding glass door. 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 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 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 \N w \� xilvoJcanccajm\ en l.rn-,, SPACE THE BETWEEN' Case No. 2020-237 Page 4 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. Chris Robinson City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3697 .- � �_�-- - ..0 .__-•:,Cam-_ _. i- -.� ya� .-�- ___.�.�L----..--•-..-�_�.. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 �� �� �t.citv�,ii•anec�ilavcral.r,r� THE Sjt�� BETWEEN' NO Domestic Mail Only � Fcr delivery information, visi 0 ❑ Retum Receipt (hardcopy) $ — C3 ❑ Return Reaelpt (electronic) $ _ C3 ❑ Certified Mall Rastricted Delivery $ C3 ❑ Adult Signature Required $ — ❑ Adult Signature Restricted Delivery $ C-3 Postage CO ru Total Pow Er a 17-3Sent To � $treef ani f mark �1 11%re ' 2 © r, Doris Fisher; Virgil Fi r -A 9954 Matthews Hwy.Q Tecumseh, Mi. 49286 • Complete items 1, 2, and 3. ■ 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: Doris Fisher; Virgil Fisher 9954 Matthews Hwy. Tecumseh, MI. 49286 A. ature A. ❑ Agent ❑ Addressee B�ieceived by (Printed Name) C. Date of Delivery OCL 136Z41 i 1120-202b D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No i3. Service PMss® II�II�IIII'III'I�IIIIIIII�IIVIIIIIIIIIIIIIIII ❑Adult Signature ❑RegisteredM 11 q Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4749 8344 4538 01 Certified MailD it Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise i ❑ Collect on Delivery Restricted Delivery 'K Signature Confirmation— 2. Article Number (Transfer from service label) .ed Mail ❑ Signature Confirmation 7 019 2280 0000 0198 3697 ed Mail Restricted Delivery Restricted Delivery -ee-_' $5001 - - -- tt Ps Form 3811, July 2015 PSN 7530-02-000-9053 W5'1ho-'%kir ylj AtJE:. -- Domestic Return Receipt -i I