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Home My WebLink Aboutcocc_special_magistrate_hearing_agenda_packet_revised_20210622CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET June 22, 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: July 25, 2021 2. Approval of Meeting Minutes: May 19, 2021 NEW CODE ENFORCEMENT CASES: 1. Case No. 2021-065 - Violations of Section 34-96. (b) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-98. Building appearance and maintenance, City of Cape Canaveral Code of Ordinances. (8963 Astronaut Blvd) L&M Development of Brevard INC C/O The Hertz Corporation, property owner. 2. Case No. 2021-081 - Violations of Section 108.1.1 Unsafe structures, International Property Maintenance Code; Section 108.1.5 (6), (8) Dangerous structure or premises; Section 304.1.1 (12) Unsafe conditions, International Property Maintenance Code; Section 304.10 Stairways , decks, porches and balconies, International Property Maintenance Code; Section 304.12 Handrails and guards, International Property Maintenance Code. (7750 Ridgewood Ave) French Lanham, property owner. 3. Case No. 2021-082 —Violations of Section 108.1.1 Unsafe structures, International Property Maintenance Code; Section 108.1.5 (6), (8) Dangerous structure or premises; Section 304.1.1 (12) Unsafe conditions, International Property Maintenance Code; Section 304.10 Stairways , decks, porches and balconies, International Property Maintenance Code; Section 304.12 Handrails and guards, International Property Maintenance Code. (516 Jefferson Ave) Donna Mc Allister Poots, property owner. 4. Case No. 2021-091 —Violations of Section 70-67.(1),(2),(3) Levied, City of Cape Canaveral Code of Ordinances; Section 70-75. (a), (b) Failure to obtain or renew business tax receipt, City of Cape Canaveral Code of Ordinances. (276 Tyler Ave) IC Air Mechanical INC C/O Adam Rysdyk, property owner. City of Cape Canaveral Special Magistrate Hearing Docket June 22, 2021 Page 2 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 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. �V11111f1.1f1fl.�► 1��Yv�v�i��v�� .an srr►�r RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): L & M DEVELOPMENT OF BREVARD INC C/O THE HERTZ CORPORATION 8901 WILLIAMS RD ESTERO, FL 33928 Location of the Violation: 8963 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920 CASE No. EN21-065 DATE: 05/27/2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on June 22, 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 28th day of May, 2021. ,-1 'Jof h Mayberry �) Cdde Enforcement er .k 1-868-1220, Ext. 227 j.mayberry@cityofcapecanaveral.org Certified Mail: 7019 0160 00001762 1548 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 %\ NN Cilllil\CI'iil.ogf THE SpA BETWEEN' 10-UNITED" STATES POSTALSER-WCE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/28/2021 11:17 AM Product Qty Unit Price Price Prepaid Mail ----------1----- $0.00 Estero, FL 33928 Weight- 0 lb 0.80 oz Acceptance Date: Fri 05/28/2021 Tracking #: 70190160000017621548 Grand Total: $0.00 s��7rYc7KYC�YCYf�CYfxY(Y!*�YtY(fC]tRYi7K7CYfY(ICYcxYCYCYCY!*x:t�r<xxYf USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of COVID-19. We appreciate your patience. �7K 1CW�C y(Yl yf yf��Yf yC1YIt'y(1CYf YCR)CItIC:r lC yf yc yCYf Yf yl Yt Wit 7C7t 1C 7KIt:r yCYl . Preview your Mail Track your Packages Sign up for FREE @ https://informeddelivery.usps.com All sales final on 4itafaps and postage Refunds for guaranteed services only, 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 #: 840-53270069-3-4619057-2 Clerk: 11 ?ostal Service"" TIIFIFo MAIL® RECEIF rFor Mail only information, visit our website at www.usps.com'�. W — -1'=1r O Postage -a $ r-q C3 Total Pgsta�and �Fees C3 $ _IT Q' Sen ra O r%- SYreeiaWj; LFft if an 1, 2, and 3. arae and address on the reverse can return the card to you. card to the back of the mailpiece, int if space permits. ;30. I � �i1 ar►1rS 33�iZg A. Ftign 8 2021 Here x% XE3 Agent Addressee B ceived by (Printed Name) Q Date of Delivery D. Is delivery address different from Item 1? 13 Yes If YES, enter dellveiy address below: ❑ No ❑RetumRecelPtQW-Py) b 0 ❑ Retum Receipt (electronic) S C3 ❑Certified Mall Restricted Deltoery $ C3 C3 ❑AdultSignatumRequired $ []Adult Signature Restricted Dellvery $ O Postage -a $ r-q C3 Total Pgsta�and �Fees C3 $ _IT Q' Sen ra O r%- SYreeiaWj; LFft if an 1, 2, and 3. arae and address on the reverse can return the card to you. card to the back of the mailpiece, int if space permits. ;30. I � �i1 ar►1rS 33�iZg A. Ftign 8 2021 Here x% XE3 Agent Addressee B ceived by (Printed Name) Q Date of Delivery D. Is delivery address different from Item 1? 13 Yes If YES, enter dellveiy address below: ❑ No C)F "A -(Z 13 C7- (0 3 �s 3. Service Type ❑ Priority Mall Ei3resa I ❑ Adult Signadae 13 Registered Ma4TM II I�I I I' 111 VIII I III'I III IIIIII �I( Resirtcted Delivery ❑ t7 Re inred Mail Restricted 9402 6268 0274 4908 20 Certified Mall® il RW Delivery Ce rms Mail DDeeff ry osioinTMo fiy g Confirmation r Irransfer from service Iabeh ❑ Collect on Delivery Restricted DeUvery Restricted Delivery ] 0000 1762 1548 I Insured Mall I Insured Mail Restricted Delivery (over $500) July 2020 PSN 7530-02-000-9053 it d L Domestic Return Receipt C)F "A -(Z 13 C7- (0 3 �s NOTICE OF VIOLATION Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8963 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920 Parcel ID: 24-37-15-00-36 Respondent(s): L & M DEVELOPMENT OF BREVARD INC C/O THE HERTZ CORPORATION 8501 WILLIAMS RD ESTERO, FL 33928 CASE NO. EN21-06S Date: 05/05/2021 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 twenty (20) 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 TK SPACE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 w,N•w.citvofcanecana%7eral.ort, Page 2 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. 1. Property where violation(s) exit(s): 8963 ASTRONAUT BLVD Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: L & M DEVELOPMENT OF BREVARD INC C/O THE HERTZ CORPORATION 8501 WILLIAMS RD ESTERO, FL 33928 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 III — Property Maintenance Standards Section 34-91 — Definitions Appurtenances means the visible, functional objects or accessories to and parts of a building. Section 34-96 — Standards Established (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. 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 tivww.citvofeai)ecanaveraLorL1 THE SPACC BETWEEN* Section 34-98 — Building Appearance and Maintenance. (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 VIOLATION: The exterior of the property is not being maintained consistent with established property maintenance standards. The exterior walls are mildewed/discolored. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS WITHtN TWENTY 20 DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: 1. The property owner shall clean/repaint the mildewed/discolored paint areas to meet the established standards, outlined above, as set forth in Section 34.98, (4) PURSUANT TO SECTION 34-182 OF THE CITY CODE, IF REMEDIAL ACTION IS NOT TAKEN BY THE PROPERTY OWNER, THE CITY MAY TAKE ADDITIONAL ENFORCEMENT ACTION AGAINST YOU INCLUDING, BUT NOT LIMITED TO, INITIATING LEGAL PROCEEDINGS BEFORE A COURT OF LAW, THE CITY'S SPECIAL MAGISTRATE AND PERFORMING OR CAUSING TO BE PERFORMED THE REQUIRED CLEAN-UP OF THE SUBJECT PROPERTY, THE COSTS OF WHICH MAY BE APPROVED AND RECORDED AS A SPECIAL ASSESSMENT LIEN AGAINST THE OWNER OF THE SUBJECT PROPERTY IN ORDER TO RECOVER ALL COSTS INCURRED BY THE CITY INCLUDING, BUT LIMITED TO, CLEAN UP EXPENSES AND FEES, RECORDING FEES AND ATTORNEY'S FEES AND LEGAL COSTS. OBJECTS, EQUIPMENT, MATERIALS, TRASH, DEBRIS, JUNK, LITTER, AND RUBBISH REMOVED BY THE CITY FROM THE SUBJECT PROPERTY IN FURTHERANCE OF ENSURING COMPLIANCE WITH THIS NOTICE OF VIOLATION WILL BE DISCARDED AS TRASH AND WILL NOT BE RETURNED TO THE PROPERTY OWNER. FAILURE TO CORRECT THE VIOLATION(S) COULD ALSO RESULT IN THE CITY LEVYING CODE ENFORCEMENT FINES AGAINST YOU IN AN AMOUNT UP TO $500.00 PER DAY THAT THE VIOLATION REMAINS. 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 'n6 JrAU 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN. Telephone (321) 868-1220 • Fax: (321) 868-1247 WIN, wx itVolcapecana N"Cral.ori, 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. J n Mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3437 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 «��'\i�.citv�,i'canecanaver�l.c�r� THE SPAU BETWEEN' � , UNITED STATES AZ POSTAL SERVXE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/05/2021--- ------- 03_39 PM Product Oty Unit Price Price ---------------------- ------------ Prepaid Mail 1 $0.00 Estero, FL 33928 Weight: 0 lb 0.60 oz Acceptance Date: Wed 05/05/2021 Tracking #: 70192280000001983437 ------------------------------------------ Grand Total: $0.00 ------------------------------------------ USPS is experiencing unprecedented vol increases and limited employee availability due to the impacts of COVID-19. We appreciate your patien Preview your Mail Track your Packages Sign up for FREE P https://informaddelivery.i All sales final on stamps ar Refunds for guaranteed servi Thank You for your busif Tell us about your experi Go to: https://postalexperienc or scan this code with your mob 1116 . .33 or call 1-800-410-7420. UFN: 111335-0280 Receipt #: 840-53270069-2-3852157-2 Clerk: 21 Postal Service" QTIFIFn MAIL® RECEIP Ir Domestic Mai! Only wa C3 $ Extra Services & Fees (checkbox, add fee as appropriate) 0 ❑ Retum Receipt hardcopy) $ ❑ Rewm Receipt (electw1c) $ Postrnill , at www.usps.com". H" For delivery information, visit our website ❑AdultSignature Restricted Delivery $ RJR t Ir Certified Mail Fee wa C3 $ Extra Services & Fees (checkbox, add fee as appropriate) 0 ❑ Retum Receipt hardcopy) $ ❑ Rewm Receipt (electw1c) $ Postrnill , C3 0 . ❑ certified Mail Restricted Delivery $ H" O ❑Adan signature Required $ t ❑AdultSignature Restricted Delivery $ t t C3 co postage t nJrLi Total Postage and Fees Ir 0 $ Sent Tp (/ Q !0il(r1 xi y�+ C --- rr f v lt±` ------•-- IL StiBBt s flpf. nLR, or "D /�o w I IJ . I a...A /�%! t ,f(" �! c ■ Complete items 1, 2, and 3. r Print your name and address on the reverse so that we can return the card to you.. v Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to. E L.� n __Owjo O, 71Y-, hkr. z Cj,�pGV�1�idn t W.Ibarws C*—' 3747-9 A, SignatiW,...- 13 Agent D Addressee B. Ned by (Pt nfed Name) C. Date of Delivery D. Is delivery address different from Rem 1? E3 Yes If YES, enter delivery address below. E3 No i E 3; Service Type ❑ Priority Mall Express® III'III'II'llI'IIIIIIIIIIIII III IIIIII11IIIIIII 13 Adult SWatrm [3 Ri OCerHfiftnatm ResMctedDeilvet7► oa Mall Restricted 9590 9402 6268 0274 5004 37 ° Certified! Mail Restricted De�Y o slgr�dna - ❑ Collect on Delivery ❑ Signature Confirmation o e.+r�re nt,,,.+ti� rr ..��..» �...r� r ►, nr ❑ Collect on Delivery Restricted Delivery Restricted Delivery ] Insured Mall 7019 2280 0009 0198343? Insured ORuedDeRvery PS Form 3811, July 2020 PSN 7530-02-OOD-8053 Domestic Return Receipt Nolleg- Up vta"M814 9163 / n,,� 01 '14 -%_/a 1.J Vt fN .IV VMaaM V W— wa Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. French Lanham 7750 Ridgewood Ave Cape Canaveral, FL 32920 Respondent(s) Location of the Violation: 7750 Ridgewood Ave Cape Canaveral, FL 32920 PARCEL ID: 24 -37 -23 -CG -35-1.01 NOTICE OF HEARING CASE No. EN21-081 DATE: 06/02/2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on June 22, 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 2nd day of June, 2021. W berry, Code Enf rcemen O 'cer 1220, Ext. 227 Certified Mail: 7019 0160 00001762 1555 THE • Cape Canaveral FL 32920-0326 SPACI 100 Polk Avenue Post Office Box 326 C p BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 ��•��•.cityofcapecana�•e.ral.or� UNI TE STATES POSTAL. MRtill<r..Er CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 06/02/2021 02:50 PM Product Oty Unit Price Price Prepaid Mail 1 $0.00 Cape Canaveral, FL 32920 '40 nht : 0 lb 0.90 oz -stance Date: -led 06/02/2021 <ing #: 70190160000017621555 Total: $0.0 :P s experiencing unprecedented volt increases and limited employee ,failability due to the impacts of •[D-19. We appreciate your patience K• 'K]CYC yCYf iK)K 7k Yr7KY(Y(7t 1K 7K Yc tK;K Yr ycXY(YIYCYCY: IC iK Y(]Y Yf Y(7f Preview'/your Ma�L Track your Package Sign up for FREE @ https:Hinformeddelivery .0 A11 sales final on stamps and posh Refunds for guaranteed services 0111 Thank you for, your business. Tell us about your experience. to: https://postalexperienee.ccm/Pt scan this code with your mobile dev, call 1-800-410-7420 Postal CERTIFIED o RECEIPT DomesticLn ,n in - rq �' .-0 Certified Mail Fee r r9 ExtraServices & Fees (check b" add fee as ❑ Retum Rwdpt lhardcOP0 $--.--i�f t C3 ❑RetumRewpt(eledrwic) $.�— �Po ark i C3 ❑Certified Maid Reetrlated Delivery $ Here O ❑nduft%n&nReyuhA $ C3 ❑Adult Signature ResMctM Delivery$ O Postage r-1 Total Postage and Fees - C3 p- Sent ++ -- - rqJr !'-1' ------------------- p Stt� "No.,'r Pb x IVo. .m Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can returnrthe card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 15D IUo�� a Oct e��) r 3L9 za A Signature X11ec y� f'i-D ❑ Agent C. /�l K.+D ®-Addressee B. R awed by (Printed Name) a Dpte of Delivery C( 2r_s 1 Is derlvery address different from item If YES, enter delivery address below: L3 Yes ❑ No ------ ► -- -- - --.-,.. --------- ---•-- t-.._ ..--.-.. UFN : 1 335-0280 Receip N: 840-53270069-2-3886387 Clerk: 06 T-7-7!VO -M C,6_ & kA19 G- -7 -75b Sv "t -2k G4-_tZaDet FJv P— 11 3. Service Type ❑ Priority Mail Express II I IIIIII IIII III I II IIIIIII I I (III I I I III I II III ❑ Adult Signature ❑ Registered Marl I1I1 ❑ Adult Signature Restricted Delivery ❑ Rerered Mail Restricted 9590 9402 4753 8344 2166 38 ❑ Certified Malmo ❑Certified Mail Restricted Delivery ElReReturn Receipt for f ❑ Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑ Signature Confirmation"' 2. Article Number !Transfer from servir.A lahAn ?019 0160 0000 17 6 2 1555 Insured Mail Insured Mail Restricted Delivery ' Q Signature Confirmation Restricted Delivery (over $500'. PS Form 3811; July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ------ ► -- -- - --.-,.. --------- ---•-- t-.._ ..--.-.. UFN : 1 335-0280 Receip N: 840-53270069-2-3886387 Clerk: 06 T-7-7!VO -M C,6_ & kA19 G- -7 -75b Sv "t -2k G4-_tZaDet FJv P— NOTICE OF VIOLATION �fi1 1 VX 1%P099irw . �- -- Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 7750 RI DGEWOOD AVE CAPE CANAVERAL, FL 32920 Parcel ID: 24 -37 -23 -CG -35-1.01 Respondent(s): FRENCH LANHAM 7750 RIDGEWOOD AVE CAPE CANAVERAL, FL 32920 CASE NO. EN21-081 Date: 05/04/2021 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. THE 100 Polk Avenue •Post Office• Box 326 Cape Canaveral FL 32920-0326 HUI BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvofcat)ecauaveral.ore Page 2 1. Property where violation(s) exit(s): 7750 RIDGEWOOD AVE CAPE CANAVERAL, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: FRENCH LANHAM 7750 RIDGEWOOD AVE CAPE CANAVERAL, FL 32920 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. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvofcavecanaveral.ore THE SPACC BETWEEN` IPMC Section 202 General Definitions ANCHORED: Secured in a manner that provides positive connection. STRUCTURE: That which is built or constructed. IMMINENT DANGER: A condition that could cause serious or life-threatening injury or death at any time. IPMC Section 108.1.1 Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC Section 108.1.5: Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: (6.) The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. (8.) Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. IPMC Section 304.1.1: Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: (12.) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. IPMC Section 304.10: Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. IPMC Section 304.12: Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. VIOLATION: There is no railing or guard to prevent falling from upper deck. SPACL 100 Polk Avenue - Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN. Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvofcapecanaveral.or� Page 4 YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TWENTY f20) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. The property owner shall install permanent railing on the upstairs deck area, in accordance with the property maintenance standards set forth in Sections 304.10 and 304.12. 2. The Property owner shall apply for and obtain all applicable permits prior to installation and schedule a final inspection with the City before the property will be considered in compliance. Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 to obtain important additional information regarding the permits that you will 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 SPIACI p Telephone (321) 868-1220 - Fax: (321) 868-1247 BETWEEN* www.eitvofcauecauaveral.ori7 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 ACC DINGLY. hn Mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3420 THE .��. __ _ - SPACE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 wwiN,.citvofcatnecanaveral.ork UNITED STAMS POSTJ�L SERVICE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/04/2021 02:00 PM ----------------------------------- Product Oty Unit Price Price Prepaid Mail 1 $0.00 Melbourne, FL 32940 Weight: 0 lb 1.10 oz Acceptance Date: Tue 05/04/2021 Tracking #.- 70192280000001983338 :70192280000001983338 Prepaid Mail 1 $0.00 Brooklyn, NY 11222 Weight: 0 lb 0.80 oz Acceptance Date: Tue 05/04/2021 Tracking #: 70192280000001983345 Prepaid Mail ' 1 $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 0.80 oz Acceptance Date: Tue 05/04/2021 Tracking #: 70192280000001983420 --------------------------------------------- Grand Total: $0.00 USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of COVID-19. We appreciate your patience. Preview your Mail Track your Packages Sign up for FREE 9 tittps://informeddelivery.usps.com All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell us about your experience. Go to: https://postalexperieiice.com/Pos or scan this code with your mobile device, ru M ca o, C3 0 co ru ti n, a C3 rL N() -n (,,er OF u t 0 �►� � In adn-- o$J 5—:6 -IPA °ek i -q-� ✓ a 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 05/04/2021 to FRENCH LANHAM at the following address: 7750 RIDGEWOOD AVE CAPE CANAVERAL, FL 32920 On May 11, 2021. and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Flori 32920. X — :Jo) Mayberry, Co Eno ement Officer State of Florida County of Brevard On this May 11, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. fate PATRICK ANN ROTH *: MY COMMISSION # HH 001077 EXPIRES: May 18, 2024 F 8ab_o_ sl Tta N P_ubk Undw* k n 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. THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Donna McAllister Poots 710 Humboldt St Brooklyn, NY 11222 Respondent(s) Location of the Violation: 516 Jefferson Ave Cape Canaveral. FL 32920 PARCEL ID: 24 -37 -23 -08 -*-1 NOTICE OF HEARING CASE No. EN21-082 DATE: May 26, 2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on June 22, 2021 at 6:00 p.rr as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 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 26th day of May, 2021. 51 J 4nMayberry, Code orcein nt fficer 21-868-122Q Ext. 22 i.mayberry@cityofcapecanaveral.ora Certified Mail: 7019 2280 0000 0197 7962 1HE • 6 • Cape Canaveral FL 32920-0326 SPAU i00 Polk Avenue Post Office Box 32 C p � BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 tN %\ XN cih. ojCajwk!anii\ eri;l of p UNITED STATES POSTAL SERVICE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/26/2021 ._.__..AM ---------_--_11.45 - Procuct Qty Unit Price Price Prepaid Mail 1 $0.00 Brooklyn, NY 11222 Weight: 0 lb 1.00 oz Acceptance Date: Wed 05/26/2021 Track i rig #: 70192280000001977962 Grard Total: $0.00 k**************x******* USPS is experiencing unprecedented volume increases and limited employee availability clue to the impacts of COVID-•19. We appreciate your patience. Preview your Mail Track your Packages Sign up for FREE https://informeddeIiver•y.usps.com All Pales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell us about your experience. Go to: htips://postalexperience.com/Pos or scan this code with your mobile device, ff oe or call 1-800-410-7420. UFN: 111335-0280 Receipt 4: 840-53270069-1-2615696-2 Clerk: 05 ru Domestic Mail Only it r.. For delivery information, visit otjrVjL-btJTCjat wwwijsps.com�. N 0 AFI 13' certified Mail Fee � $ ! tC Extra Services & Fees (aheckbC"% dfee as Q*Vpdate) Q ❑ReturnReceiptttrardcopy) C3 ❑ Return Receipt (electronic)I/r $ C3 ❑Certified Mall Restrcted Deil4ery $ He.re C3 ❑ Aduft Signature Required $ €' .c,r • �; []Adult Signature Restricted DO, , s 0 Postage rru $ rTotal Postage and Foes a ' a Se .: M1 Sire r. o., -o I'll6 - o.W9 AN 1/2-12— JVpjqp'2j'dj hvir 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 Hearing dated 05/26/2021 to DONNA MC ALLISTER POOTS 710 HUMBOLDT ST BROOKLYN, NY 11222 at the following address: 516 JEFFERSON AVE CAPE CANAVERAL, FL 32920 On May 26, 2021. and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Flori 32920,-- Jo Mayberry, C Enfo ment Officer State of Florida County of Brevard On May 26, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. I el PATRICUI ANN ROTH MY COMMISSION M NH 001077 EXPIRES: May 18, 2024 Notary Public rZ'f:i W Bodw !MNawy PL6W u„de,wrkm 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 Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 516 JEFFERSON AVE CAPE CANAVERAL, FL 32920 Parcel ID: 24-37-23-08 *-1 Respondent(s): DONNA MC ALLISTER POOTS 710 HUMBOLDT ST BROOKLYN, NY 11222 CASE NO. EN21-082 Date: 05/04/2021 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. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 \t U1.11 ol,u) THE SPACE BETWEEN' Fage z 1. Property where violation(s) exit(s): 516 JEFFERSON AVE CAPE CANAVERAL, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: DONNA MC ALLISTER POOTS 710 HUMBOLDT ST BROOKLYN, NY 11222 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 ANCHORED: Secured in a manner that provides positive connection. THE 100 Polk Avenue - Post Office Box 326 - Cape Canaveral FL 32920-0326 SPACC p Telephone (321) 868-1220 - Fax: (321) 868-1247 BETWEEN* wkv:v.citvofcanecrfnaveraLorL STRUCTURE: That which is built or constructed. IMMINENT DANGER: A condition that could cause serious or life-threatening injury or death at any time. IPMC Section 108.1.1 Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC Section 108.1.5: Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: (6.) The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. (8.) Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. IPMC Section 304.1.1: Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: (12.) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. IPMC Section 304.10: Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. IPMC Section 304.12: Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. VI ;:'ELATION: There is no railing or guard to prevent falling from upper deck. Y8U ARE RE41UIREO TO CORRECT THE V101ATI0 O DESCRIBED ABOVE WITHIN TWENTY (20) DAYS OF RECEIPT OF THIS [NOTICE A$ i:OLLOI S'; THE • a Canaveral FL 32920-0326 SPAC 100 Polk Avenue Post Office Box 326 Cape BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 \+'t' V.Cl1tt(�CiGlt�ctll3\'(''"]il�.("f5 Page 4 1. The property owner shall install permanent railing on the upstairs deck area, in accordance with the property maintenance standards set forth in Sections 304.10 and 304.12. 2. The Property owner shall apply for and obtain all applicable permits prior to installation and schedule a final inspection with the City before the property will be considered in compliance. Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 to obtain important additional information regarding the permits that you will 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 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 100 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920-0326 SPAU Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' www.citvof caveranavera Lore 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. r! n Mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 3345 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 �§'E:'1V.CilV uSCilU8C21k1�� 'C3liLOtS, THE S11AC[ 1� BETWEEN' U!V%TEDI Si/1M POSTAL SERME. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/04/2021 02:00 PM --------------------------------------------- Product Oty Unit Price Price - --------------------------- Prepaid Mail 1 $0.00 Melbourne, FL 32940 Weight: 0 lb 1.10 oz Acceptance Date: Tue 05/04/2021 Tracking #: 70192280000001983338 Prepaid Mail 1 $0.00 Brooklyn, NY 11222 Weight: 0 lb 0.80 oz Acceptance Date: Tue 05/04/2021 Tracking #: 70192280000001983345 Prepaid Mail 1 $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 0.80 oz Acceptance Date: Tue 05/04/2021 Tracking #: 70192280000001983420 ------------------------------------------- Grand Total: $0.00 ---------------------------------- yl:C Yf k IC 1KIC 7KfPYr Yf Yl7KYCYl'K:Y 1r Yt W YL IC:t X WYl7K 7C tt X Yf 1t 7K:1f>r 7C:t yr 1ry< X' y< 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 W https://informeddelivery.usps.com All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell us about your experience. Go to: https://postalexperience.com/Pos or scan this code wilt) your mobile device, r.rm In S� - "'to Ln M M co Ir a 0 0 C3 M M 0 Co N ru Ir a 0 r- _ � is _arra bervices sreel Rat= Recei(;r box as apptcOft) ❑ pt (hardtop ❑ Refum Recelpt (electwl.) ❑ Cert W Mall Restricted Del" $ ❑ Adult Signature Required $ ❑Adultsignature Restrlcted Delivery $ L1 ■ V fr and Fees It v j . ........................ C-11 //LZ N6 -n .d QP d 10 LAS l vri J1W --r — -- 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 05/04/2021 to DONNA MC ALLISTER POOTS at the following address: 516 JEFFERSON AVE CAPE CANAVERAL, FL 32920 On the May 04, 2021. and the required posting at City Hall, 105 Polk Avenue y averal, Flk32920. berry, ont Officer State of Florida County of Brevard On this May 04, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. y Kemn ss Lee Slocum Notary Public o o State of Florida Comm# HH100824 •s�NCE 19 Expires 3/4/2025 otary 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. THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, VA Adam Rysdyk 276 Tyler Ave Cape Canaveral, FL 32920 Respondent(s) Location of the Violation: 276 Tyler Ave Cape Canaveral. FL 32920 PARCEL ID: 24 -37 -23 -CG -37-15 Community Development RE: NOTICE OF HEARING CASE No. EN21-91 DATE: June 10, 2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on June 22, 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 I to vW, — 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 June, 2021. J n Mayberry ode Enforcement icer 321-868-1220, Ext. 227 Certiffed Mail• 7019 0160 00001760 9843 THE SPA 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN'O.- Telephone (321) 868-1220 • Fax: (321) 868-1247 \5 \5 \t i'11\UfCaN��'Callil\craf.��r;r UNITED STATES POSTAL SERVICE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 06/10/2021 12:52 PM Product Qty- - Unit Price Price Prepaid Mail ....--------.1-...--- ---_._.---- $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 0.80 oz Acceptance Date: Thu 06/10/2021 Tracking #: 70190160000017609843 Grand Total: $0.00 *xxxcxxx�cxxxxxxxxxxxxxxxx*xxxxxxxxxxxxx�e�ccex 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 LIP for FREE https://iriformeddelivery.usps.com All sales final orr stamps and postage. Refunds for guaranteed services only. 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. O r 0 C3 C3 0 0 0 Er- -q 0 r UFN: 111335-0280 Receipt #: 840-53270069-3-4645151-1 Clerk: 11 a� y l Service'"' 7CERTIFIED MAIL° RECEIPT l Only visit our website at www.usps.com�. For delivery information, ..,� O r 0 C3 C3 0 0 0 Er- -q 0 r UFN: 111335-0280 Receipt #: 840-53270069-3-4645151-1 Clerk: 11 a� y 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 Code Enforcement Notice: Notice of Hearing dated June 10, 2021 at the following address: 276 Tyler Ave Cape Canaveral, FL 32920 on this 10th day of June, 2021 and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Florida, 32920. Com Enforcement O 1 er State of Florida County of Brevard On this 10th day of June, 2021, John Mayberry personally appeared, who is personally known to me, and did not take an oath. L, �r Kerem Les Slocum Notary Public State of Florida Comm# HHIOW24 Notar` Public%;'V;zv� Expires3/4/2025 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 NOTICE OF VIOLATION Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner of the business located at: 276 TYLER AVE CAPE CANAVERAL FL 32920 Parcel ID: 24 -37 -23 -CG -37-15 Respondent(s): IC AIR MECHANICAL INC ADAM RYSDYK CASE N0. EN21-091 Date: 05/18/2021 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 THE • e Canaveral FL 32920-0326 S PA CF 100 Polk Avenue Post Office Box 326 Cap BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 �� t� �� rit��,fcan�-cana�eral.��re Page 2 exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said properly 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): 276 TYLER AVE CAPE CANAVERAL, FL 32920 2. Name and address of owner(s) of property where violations) exist: IC AIR MECHANICAL INC ADAM RYSDYK 276 TYLER AVE CAPE CANAVERAL, FL 32920 The City has received a complaint that you are operating a business without having applied for or received a license authorizing you to do so. Staff has investigated this complaint and finds there is no record of you having applied and you are 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 70 — Taxation Section 70-67, (1), (2), (3), Levied. A local business tax is hereby levied for the privilege of engaging in or managing any business, profession or occupation within the city. Such local business tax is levied on any person who: (1) Maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business in the city. (2) Maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within the city. (3) Does not qualify under subsection (1) and who transacts any business or engages in any occupation or profession in interstate commerce, if such local business tax is not prohibited by section 8 of article I of the United States Constitution. THE SPACE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 Section 70-74 — Receipt Year; Tax Payment Date, Term of Receipt, Proration of Tax The receipt year for all local business tax receipts shall begin October 1 of each year and shall expire on September 30 of the succeeding year. All such receipts shall be issued by the business license official beginning August 1 of each year upon receipt of the appropriate local business tax, and such tax shall be due and payable on September 30 of each year. If September 30 falls on a holiday or a weekend, the tax shall be due and payable on or before the first working day following September 30. No receipt shall be issued for more than one year. For each receipt obtained by any new business, occupation or agent after April 1 of the following year, 75 percent of the tax for one year shall be paid and shall be reduced by an additional five percent per month for each month thereafter for businesses, occupations or agents which open or start after April, but before October, unless otherwise provided in this article. Section 70-75 — Failure to Obtain or Renew Business Tax Receipt (a) Any person who engages in or manages any business, occupation or profession without first obtaining a receipt required under this article is subject to the penalty stated in F.S. § 205.053(2), or any successor statute. (b) Any person who engages in any business, occupation or profession covered by this article who does not pay the required local business tax within 150 days after the initial notice of tax due and who does not obtain the required local business tax receipt is subject to the civil action, penalties, costs and attorneys' fees provided in F.S. § 205.053(3), or any successor statute. VIOLATION: Business is operating without a license. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TEN 10 DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: The 12ropeM owner shall make .112plication for and obtain a Business License from the Finance Department to meet the established standards outlined above as set forth in Section 70-75(a) b 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 • al FL 32920-0326 SPACC 100 Polk Avenue •Post Office Box 326 Cape Canaveral, BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 t� �t �t �•it� ,frtu�cctinti� �•raLn t 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 ACCO NGLY. )4- J n Mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0197 7948 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 o \1 (,W) Or,-, THE SPAU BETWEEN' UNITED STATES , • MSPU SERME. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/18/2021 02:11 PM ------------------- ---------------------- Product Qty Unit Price Price ------ ------------------------------------ Prepaid Mail 1 $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 0.60 oz Acceptance Date: Tue 05/18/2021 Tracking #: 70192280000001977948 ------------------------------------------ Grand Total: $0.00 ------------------------------------------ ------------------- ------------ --------- USPS ----------------------------------------------------------------------------------- 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 https://informeddelivery.usps.com All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell us about your experience. Go to: https://postalexperience.com/Pos or scan this code with your mobile device, r` e' A 0 C3 C3 0 C3 cc rl n U r C r 0on U.S. Postal Serv!CB CERTIFIED MAIL° RECEIPT vomestic Mai! On►y at www.usp For delivery information, visit our website r` e' A 0 C3 C3 0 C3 cc rl n U r C r 0on 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 05/18/2021 to ADAM RYSDYK d/b/a IC AIR MECHANICAL INC at the following address: 276 TYLER AVE CAPE CANAVERAL, FL 32920 On May 25, 2021. and the required posting at City Hall 100 Polk Avenue 2eanaveral, Florida 32920 J n Mayberry, o e En cement Officer State of Florida County of Brevard On this May 25, 2021, John Mayberry, personally appeared, who is personally known to me and did not take an oath. <+�%► PATRICIA ANN ROTH MY COMMISSION 0 HH 001077 EXPIRES. May 18, 2024 +,fc. OF Bonded Thru N*Wry Public UWmfl m 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.