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HomeMy WebLinkAboutcocc_special_magistrate_agenda_packet_20210330CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET March 30, 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: April 27, 2021 2. Approval of Meeting Minutes: February 23, 2021 NEW CODE ENFORCEMENT CASES: 1. Case No. 2021-033 - Violations of Section 304.1 General, International Property Maintenance Code; Section 304.1.1 (8) Unsafe Conditions, International Property Maintenance Code; Section 304.13 Windows, International Property Maintenance Code; Section 302.4 Weeds, International Property Maintenance Code; Section 308.1 Accumulation of Rubbish or Garbage, International Property Maintenance Code. (256 Polk Ave) Arturo Rodriquez, property owner. COMPLIANCE (MASSEY HEARING) CODE ENFORCEMENT CASES: None APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE [IPMC]: None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT 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 City of Cape Canaveral Special Magistrate Hearing Docket March 30, 2021 Page 2 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. CASE NO. EN21-033 THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Arturo Rodriguez 735 Kerry Downs Cir Melbourne, FL 32940 Respondent(s) Location of the Violation: 256 Polk Ave Cape Canaveral. FL 32920 PARCEL ID: 24 -37 -23 -CG -42-14 City of Cape Canaveral Community Development RE: NOTICE OF HEARING CASE No. EN21-033 DATE: March 16, 2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on March 30, 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 violations) 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 CASE NO. EN21-033 Pg. 2 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 16th day of March, 2021. t f �Jol� Mayberry, Cod of cement icer 3' 868-1220, Ext. 2 7 Certified Mail: 7019 2280 0000 0198 3260 THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920-0326 SPACE Telephne (321) 868-1220 • Fax: (321) 868-1247 BETWEEN O X N UNITED STATES AG m POSTAL SERVICE. Ir CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL '32920-9998 0 (800)275-8777 0 03/16/2021 03:50 PM C3 ---------------- —------------------ ---- - Product Qty Unit Price ca Price ti -- ---------- -- -- -- — _..__. ru Prepaid Mail 1 $0.00 Er Melbourne, FL 32940 0 Weight: 0 lb 0.90 oz Acceptance Date: Tue 03/16/2021 Tracking #: 70192280000001983260 Grand Total: $0.00 ------------ ---------------------------------------- USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of COVID-19. We appreciate your patience. Preview your Mail Track your Packages Sign up for FREE 9 https://informeddelivery.usps.coni Earn rewards on your business account purchases of Priority Mail labels with the USPS Loyalty program by using Click and Ship. Visit www.usps.com/smallbizloyalty for more info. All sales final on stamps and postage. Refunds for guaranteed services only. Thank you your business. us- out your exp once. Go https://postalexperience. om/Pos or can this code with your mobile vice, or call 1-800-410-7420. _--------------- -- - - UFN: 111335-0280 Receipt #: 840-53270069-2-3761610-2 Clerk: 21 twat- 033 a5(p Po l V- '0V.2. City of Cape Canaveral Community Development f RE: AFFIDAVIT OF POSTING I, John Mayberry, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Notice: Notice of Hearing dated 3/16/2021 to ARTURO RODRIGUEZ 735 KERRY DOWNS CIR MELBOURNE, FL 32940 at the following address: 256 POLK AVE CAPE CANAVERAL, FL 32920 On March 16, 2021. and the required posting at City Hall 100 Polk Avenue Cape Cana4CEnfo '32920. 010 11 Maybe ent Officer State of Florida County of Brevard On this March 16, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. FATRK3A ANN ROTH MY COMMON # HH 061077 T kx MOVES' 18, 2024 w G,�t�Cc. . � �v nti� hC'�} �►f: Bonded lnti yftewflers 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 Coii1munity Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, IM Owners of the property located at: 256 POLK AVE Parcel ID: 24 -37 -23 -CG -42-14 Respondent(s): ARTURO RODRIGUEZ CASE NO. EN21-033 Date: 02/16/2021 PURSUANT to Section 82-221 of the Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the International Property Maintenance Code, 2018 Edition ("IPMC"), adopted by 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 twenty (20) days of receipt of this notice. PLEASE BE ADVISED: It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of the IPMC. Violations shall constitute a public nuisance and shall be deemed a strict liability offense. Your rights to appeal and applicable penalties are described at the end of this Notice. If the violation(s) is/are corrected within the time period required, the respondent(s) must immediately notify the Code Enforcement Officer stated below and request an inspection to verify compliance. The City may also conduct a re -inspection of the property to determine compliance with this notice. 1. Property where violation(s) exit(s): 256 POLK AVE CAPE CANAVERAL, FL 32920 THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACC Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN Case No. BN21-033 Page 2 2. Name and address of owner(s) of property where violation(s) exist: ARTURO RODRIGUEZ, 735 KERRY DOWNS CIR MELBOURNE, FL 32940 A recent inspection of the subject property conducted by the City Code Enforcement Officer revealed evidence that the property is not being maintained and in violation of several 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 82-221, City Code Adoption of IPMC (2018 Edition) IPMC Chapter 1 Scope and Administration; Section 101 General 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. IPMC Section 106 Violations 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. IPMC Section 202 General Definitions Deterioration. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. Neglect. The lack of proper maintenance for a building or structure. Exterior Property. The open space on the premises and on adjoining property, under the control of owners or operators of such premises. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACI Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN \� wN� :1t� ��f� m�coua� eral.ur� Case No. FN21-033 Page 3 Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. IPMC Section 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to public health, safety or welfare. IPMC Section 304.1.1 Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to with the IPMC or the International Existing Building Code as required for existing buildings; (8.) Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and load effects. IPMC Section 304.13 Windows. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. IPMC Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Section 308.1 Accumulation of Rubbish or Garbage. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. VIOLATION: The soffit is falling, torn or missing from multiple sections of the roofing structure. Re - roof permit expired on November 25, 2020. VIOLATION: Incomplete window installation. Exposed area has no siding. VIOLATION: Tall grass and weeds in side and back yard. VIOLATION: There is a large pile of rubbish comprised of old wood, shingles and other roofing material. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TWENTY SZO) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 7HE SPACE100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' 1\11'11 .0 it1'ofCa11CCm1'11 Et'al.or") Case No. BN21-033 Page 4 1. The property owner shall repair/replace the soffit on the property, in accordance with the property maintenance standards set forth in Sections 304.1 and 304.1.1(8). 2. The property owner shall complete the installation of the window on the property, in accordance with the property maintenance standards set forth in Section 304.13. 3. The property owner shall mow and trim the property, in accordance with the property maintenance standards set forth in Section 302.4 4. The property owner shall remove the rubbish from the property, in accordance with the property maintenance standards set forth in Section 308.1 Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 to obtain important additional information regarding the permits that you may be required to obtain from the City in order to remedy the Code violations or if you have any questions regarding this Notice of Violation. PURSUANT TO SECTIONS 82-221 AND SECTION 111 OF THE IPMC ("CODE"), YOU HAVE A RIGHT TO APPEAL THIS NOTICE AND ORDER TO THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE, PROVIDED THAT A WRITTEN APPLICATION FOR APPEAL IS FILED WITHIN 20 DAYS AFTER THE DATE THIS NOTICE AND ORDER WAS SERVED ON YOU; OTHERWISE, THE RIGHT TO AN APPEAL HEARING IS WAIVED. AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM THAT THE TRUE INTENT OF THIS CODE OR THE RULES LEGALLY ADOPTED THEREUNDER HAVE BEEN INCORRECTLY INTERPRETED, THE PROVISIONS OF THE CODE DO NOT FULLY APPLY, OR THE REQUIREMENTS OF THE CODE ARE SATISFIED BY OTHER MEANS. AN APPLICATION FOR APPEAL SHALL BE FILED WITH JOHN MAYBERRY, CODE ENFORCEMENT OFFICER, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. IF AN APPEAL IS FILED, AN APPEAL HEARING WILL BE PUBLICLY NOTICED AND HELD WITHIN THIRTY (30) DAYS OF FILING AN APPEAL OR AT SUCH OTHER TIME REQUIRED BY THE CITY MANAGER. WRITTEN NOTICE OF THE DATE, TIME AND LOCATION OF THE APPEAL HEARING WILL BE PROVIDED TO YOU. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS STATED ABOVE WITHIN THE TIME PRESCRIBED HEREIN, SECTION 109.5 OF THE IPMC PROVIDES THAT THE CITY MANAGER IS AUTHORIZED TO EXPEND FUNDS IN THE PERFORMANCE OF EMERGENCY REPAIRS AND OTHER REMEDIAL WORK REQUIRED OF THE CITY UNDER THIS CODE. IF EMERGENCY REPAIRS OR OTHER REMEDIAL WORK IS PERFORMED BY THE CITY, ANY EXPENSES INCURRED BY THE CITY TO MAKE SAID REPAIRS OR PERFORM SUCH WORK INCLUDING, BUT NOT LIMITED TO, CONTRACTOR AND MATERIAL COSTS, ADMINISTRATIVE OVERHEAD, ATTORNEY'S FEES, AND OTHER RELATED COSTS SHALL BE SUBJECT TO REIMBURSEMENT FROM THE PROPERTY OWNER OR THE PERSON CREATING THE NEED FOR THE EMERGENCY REPAIR OR REMEDIAL WORK AND THE COST INCURRED BY THE CITY MAY BE RECOVERED AND THE CITY MAY IMPOSE A LIEN UPON SAID PROPERTY FOR SAID THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPAU Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN Nk�+�� .city<�icat>ccana� cr�tl.cn � Case No. EN21-033 Page 5 COSTS. THE LIEN SHALL BE SUPERIOR TO ALL OTHER LIENS OR ENCUMBRANCES, INCLUDING PRIOR RECORDED MORTGAGES OR JUDGMENTS AND ONLY INFERIOR TO LIENS FOR TAXES. IN THE EVENT THE OWNER OR PERSON CREATING THE NEED FOR EMERGENCY REPAIRS, FAILS AND REFUSES TO PAY OR REIMBURSE THE CITY FOR THE COSTS, THEN IN THAT EVENT, THE CITY IS AUTHORIZED TO FORECLOSE SAID LIEN IN ACCORDANCE WITH THE PROVISIONS AS PROVIDED FOR BY LAW FOR FORECLOSURE OF MUNICIPAL LIENS, AND THE CITY MAY RECOVER ITS REASONABLE ATTORNEY'S FEES AND COSTS. FURTHER, IF THE PROPERTY OWNER FAILS TO CORRECT THE VIOLATIONS DESCRIBED ABOVE, THE CITY RESERVES THE RIGHT TO TAKE ADDITIONAL LEGAL ACTION AGAINST YOU TO OBTAIN COMPLIANCE, INCLUDING BUT NOT LIMITED TO AN INJUNCTION (OR OTHER EQUITABLE RELIEF), AND THE IMPOSITION OF FEES AND/OR FINES (IF APPLICABLE). Also be advised that pursuant to Section 107.6 of the IPMC, it shall be unlawful for the owner of any dwelling or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. PLEASE GOVERN YOURSELF ACCORDINGLY. n Mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3239 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 THE SPACE BETWEEN' USPS Tracking' Track Another Package + asp 61 � ►�� � ►J. o ,v. l.e Ii v.�� P Tracking Number. 701922 0000001983239 FAQs > Remove X We attempted to deliver your item at 11:57 am on February 19. 2021 in MELBOURNE, FL 32940 and a notice was Left because an authorized recipient was not available. Delivery Attempt February 19, 2021 at 11:57 am Notice Left (No Authorized Recipient Available) MELBOURNE, FL 32940 Get Updates v Text & Email Updates u Tracking History u 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. CD CL Cr W 0 UNITED STATES _ P USS T - -LS ERVICE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 02/17/2021 01:25 PM ---------------------- Product Oty Unit Price Price .________________________._ Prepaid Mail 1 $0.00 Melbourne, FL 32940 Weight: 0 ib 0.80 oz Acceptance Date: Wed 02/17/2021 Tracking #: 70192280000001983239 Total: $0.00 is experiencing unprecedented vo' increases and limited employee vailability due to the impacts c ID -19. We appreciate your patier Preview your Mail Track your Packages Sign up for FREE Q www.informeddelivery.com All sales final on stamps and posi Refunds for guaranteed services oral Thank you for your business Tell us about your experience_ Go to: https://postalexperience.com/Pos or scan this code with your mobile device, or call 1-800-410-7420. UFN: 111335-0280 Receipt #: 840-53270069-3-4448623-2 Clerk: 11 GAJ- 033 odic�a� �i161 1sd Postal CERTIFIED o RECEIPT E- M Domestic m CIO Er Certified Mail Fee 0 Extra Services & Fees (&wh box. add. rovriate) O p Retum R"pt ilwdceey) $ S Postmark Return Re -Pt (ele-10 $ . .. Here 0 ❑ cetrdied Mall Restricted Delrmy Signsture Required 11 2021 o [:] Adult C] Adult Signature Restricted Delivery M Cani Postage ru $ Total Potrtaga artd Fees pS _ .� s Q' -q Sent T ��,nr�fYZ� r I%- --J----J�3/�j�----p---1----- I$tfaet / T• 0//\6/��/� I_______________ ------------------------------- GAJ- 033 odic�a� �i161 1sd USPS Tracking® Track Another Package + asp 6[� � nl. o .v. .e(�v.�, A+kw p4— Tracking Number: 701922 0000001983239 FAQs > Remove X We attempted to deliver your item at 11:57 am on February 19, 2021 in MELBOURNE, FL 32940 and a notice was left because :an authorized recipient was not available. Delivery Attempt February 19, 2021 at 11 _r7 --, Notice Left (No Authorized Recipient Available) MELBOURNE, FL 32940 Get Updates u Text & Email Updates u Tracking History u Product Information u See Less /\ fir%&4 1&wJFh!0t 1%1n1Oro Innlrinn fnr? CD CD 0 - Cr W n 77 City of Cape Canaveral Community Development RE: AFFIDAVIT OF POSTING I, John Mayberry, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Notice: Notice of Violation dated 02/16/2021 to ARTURO RODRIGUEZ 735 KERRY DOWNS CIR MELBOURNE, FL 32940 at the following address: 256 POLK AVE CAPE CANAVERAL, FL 32920 On the February 26, 2021. and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Fl 'da 32920. Jo ri Mayberry, 'o , El or ement Officer r State of Florida County of Brevard On this February 26, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. PATRIaA ANN ROTH MY COMMISSION # NH 00107/ EXPIRES: May 19, 2024 71 ionded ihN NOtwy Pubk Undm7lbrf 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.