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Home My WebLink Aboutcocc_special_magistrate_agenda_packet_20210727CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET July 27, 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: September 28, 2021 2. Approval of Meeting Minutes: June 22, 2021 NEW CODE ENFORCEMENT CASES: 1. 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 Properly Maintenance Code; Section 304.12 Handrails and guards, International Property Maintenance Code. (516 Jefferson Ave) Donna Mc Allister Poots, property owner. COMPLIANCE (MASSEY HEARING) CODE ENFORCEMENT CASES: 1. 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. APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE IPMC None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT City of Cape Canaveral Special Magistrate Hearing Docket July 27, 2021 Page 2 Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. The proceedings are open to the public, but the Special Magistrate reserves the right not to hear from non -interested parties because of the evidentiary nature of the proceeding. Orderly conduct and proper decorum will be maintained during the proceedings. The Special Magistrate may postpone, recess, reschedule or cancel any or all of the cases listed on this docket. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321) 868- 1220 48 hours in advance of the meeting. THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Donna McAllister Poots c/o Zachary Poots 61-18 Cooper Ave Ridgewood, NY 11385 Respondent(s): Location of the Violation: 516 Jefferson Ave Cape Canaveral, FL 32920 PARCEL ID: 24 -37 -23 -08 -*-1 Cite of Cape Canaveral Community Development RE: NOTICE OF HEARING CASE No. EN21-082 DATE: 07/14/2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on July 27, 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 CASE No. EN21-082 Pg. 2 costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 14th day of July 2021. Certified Mail: 7019 0160 0000 1760 9997 Wicer 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 ,,r \\ \t .cityofcapecanaN eral.org THE SPACE BETWEEN' llL ��lr CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 3292.09998 (800)275-8777 07/14/2021 12:54 PM Product --------------Qty ----unit - ---Price Price Prepaid Mail --------i-._.._____..___-.-- $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 1.10 oz Acceptance Date: Wed 07/14/2021 Tracking 0: 70190160000017609980 Prepaid Mail 1 $0.00 Ridgewood, NY 11385 Weight: 0 lb 0.90 oz Acceptance Date: Wed 07/14/2021 Tracking #: 70190160000017609997 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. *******W**r k* **yr* X*W***W*,t*,>r*X*Y(W* Preview your Mail Track your Packages Sign up for FREE @ https://I nfor•meddeIivery. usps.coil, All sales final on stamps and postage. Refunds for guaranteed services only. ell us about your experient: . Got littps://Postalexperier>,e.co Pos or sc n this code with your mobile dice, or call 1-800-410-7420. UFN: 111335-0280 Receipt 0: 840-53270069-2-3953538-1 Clerk: 21 Dostal Service'"' Timm MAIL® RECEIF ,, Domestic Mail Only For delivery information, visit our kn J] Certified Mail Fee r:1 6ra ervices & Fees (check box, my tae as Q ❑ Ratum Receipt (t)ardcoPY $ 0 ❑Retum Rscelpt(electronic) $ f C3 []Certified Mail ResMcted Debwy $_ Cl - p ❑AdultSignature Required $ I ❑AdultSignatureRestricted Del" $ 5 C3 Postage \ $ \` 0 Total Postage a Fees s a r=1e To � y' _ 1 s d Apt. v or PO fox No. -�4 CA -- �f'A:P: U.1 lei4 tb35 1 &—)O nVG Jr�lo -jt Amo h A�� < ,sn1 Zl- 01, ryti � fostmark ere rj ,r�, 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 July 14, 2021 at the following address: 516 Jefferson Ave Cape Canaveral, FL 32920 on this 16th day of July 2021 and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Florida, 32920. �n ode Enforcement ffice State of Florida County of Brevard On this 16th day of July 2021, John Mayberry, who is personally known to me, appeared and did not take an oath. PATRICIA ANN ROTH MY COMMI38I N # HH 001017 EXPIRES: May 18, 2024 Notary Public BondaaTtnr+° Pubkundawdloa Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvotcapecanat,eral.org NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 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. THE Cape Canaveral, FL 32920-0326 SPACC 100 Polk Avenue Post Office Box 326 • BETWEEN* Telephone (321) 868-1220 - Fax: (321) 868-1247 %\%k '.L 11Yt{(Citi�{'Ciillii�`C3`8I on-, Page 2 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 SPALL 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 v, ww.citvofearc:eanaveral.o�,-,- 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. YOU ARE RE UIRED TO CORRECT THE VJOTIONS DESCRIBED ABOVE WITHIN TWENTY (201 DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS; THE • e Canaveral FL 32920-0326 SPACE 100 Polk Avenue Post Office Box 326 Cap BETWEEN Telephone (321) 868-1220 • Fax: (321) 868-1247 %, ww.Cit."of careemlaveral,ol+. %Iabv 1YV. L'114141-VO4 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 • x 26 • Cape Canaveral FL 32920-0326 SPACE 100 Polk Avenue Post Office Ho 3 p , Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' wig w.citvofcaperan,iveral.or� ease No. t�NL1—utsz Page 5 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. ,s 60� 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 �,�4•�c°.cit�ctcat�ecauav� t a1.or�Y THE SPACE BETWEEN' UNITED STATES E. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 05/04/2021 02:00 PM ------------------------- Product Qty 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 11 $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 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 you►• mobile device, 0 --OM § -% .W-' M M Er 0 0 M 0 M 0 nu ru Ir a 0 N L ostal Service'M IFIED MAIL° RECEIPT Mail Only mm c,g'� a V i D LAn vl� �Sz 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 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 Cape Cyna 5zz'vnera�l, Flo 32920. J 6 Mayberry, je E or ement 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. Kererma Lee Slocum QNotary Public y State of Florida i Comm# HH100824 otary Public Cr �e Expires 3/4/2025 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. City of Cape Canaveral Community Development RE: NOTICE OF COMPLIANCE (MASSEY) HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): French Lanham 7750 Ridgewood Ave. Cape Canaveral, FL 32920 Location of the Violation: 7750 Ridgewood Ave Cape Canaveral, FL 32920 CASE No. EN21-081 DATE: 07/14/2021 A COMPLIANCE (MASSEY) HEARING will be conducted before the City of Cape Canaveral Special Magistrate on JULY 27, 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 Order Imposing Fine 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 CASE No. EN21-081 Pg. 2 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 14th day of JULY, 2021 Jo n Mayberry ode Enforcement Officer City of Cape Canaveral 321-868-1220, Ext. 227 Certified Mail: 7019 0160 0000 1760 9980 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 wrww xit} ofcapecanaveral.org THE SPALL BETWEEN* v_ UNITED sTATEs CAPE CANAVERAL8700 ASTRON BLVD CAPE CANAVERAL, FLU32920-9998 07/14/2021 (800)275-8777 12:54 PM Product----- ----. - Qty Unit-- -- Price Price Prepaid Mail -------i--------.._._.._.-- $O. GO Cape Canaveral, FL 32920 Weight: 0 lb 1.10 oz Acceptance Date: Wed 07/14/2021 Tracking #: 70190160000017609980 Prepaid Mail 1 $0.00 Ridgewood, NY 11385 Weight: 0 lb 0.90 oz Acceptance Date: Wed 07,'14/2021 Tracking #: 70190160000017609997 Grand Total: $0.00 >r�>r>rrc>r vc xrr xvr:r>t ie r:t>r>r>rvc>r�rrr>r>r>t>r rvc>rr:�>r�ryx vr� *�>t � USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of COVID-19. We appreciate your patience. Preview your Mail Track your Packages Sign up for FREE p https://informeddeIivery.uspa.com All sales final on stamps and postage. Refunds for guaranteed services only. TI-. �..t-_ Go or ell us about your exper•ien, https://postalexperience.c to this code with your mobile JIM or call 1-800-410-7420. UFN: 111335-0280 Receipt #: 840-53270069-2•-3953538-1 Clerk: 21 ice, A6l,c.6- a F' m 6-0l- �►� �' 7i5-6 j!5-� 21- VI Postal CERTIFIEDo RECEIPT _o co Dornestic Mail Only rr . F _$ }��s i=�R l�-A A Certified Mail Fee $ qA Extra Sarvices &Fees (check box add tee as ate) ❑ Retum Receipt (hardcopy $ 1 A E:3 ❑ Return Receipt (electronic) $Ostmark ❑ CeMW � O O Mall Restricted Delivery $ ❑ Adult signature Required $ Here C3 ❑AdunsignatureRestricted Delivery $ Postage E=l Total Postage and Fees ,� c IT, $ f Sent r h pSfieety�q r -------- l or P ox - - --- —-- - - 4 dS-- �ftl;-S;ale.ZlP+4i s'a _ ---! �_------^ _ - ------ - A6l,c.6- a F' m 6-0l- �►� �' 7i5-6 j!5-� 21- VI 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 July 14, 2021 at the following address: 7750 Ridgewood Ave Cape Canaveral, FL 32920 on this 16th day of July 2021 and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Florida, 32920. r YCod Enforcement Offi er State of Florida County of Brevard On this 16th day of July 2021, John Mayberry, who is personally known to me, appeared, and did not take an oath. Notary Public «;xo� PATRICIA ANN ROTH MY COMMISSION M HH 001077 EXPIRES: May 18, 2024 •1�jF�I P��•• Banded TftNDWyPublic Undenwilem 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 Nv�N,w.cit} ofcapecana,,eral.org SPECIAL MAGISTRATE HEARING CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Case No.: EN21-081 Complainant, r1� French Lanham 7750 Ridgewood Avenue Cape Canaveral, FL 32920, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida on June 22, 2021 for consideration, after due and lawful notice to Respondent, French Lanham, 7750 Ridgewood Avenue, Cape Canaveral, Florida, 32920 (the "Subject Property") to determine whether the Subject Property is in violation of the City of Cape Canaveral Code of Ordinances. Having heard the arguments, evidence, and testimony presented, and having reviewed the record and being fully advised, the Special Magistrate issues the following Findings of Fact and Conclusions of Law, which are incorporated into this Order as set forth herein. FINDINGS OF FACT Based upon the evidence and testimony presented at this hearing, the Magistrate finds: 1. Respondent owns the Subject Property. 2. On May 4, 2021, the City sent a Notice of Violation to Respondent via certified mail; however, the City did not receive a return receipt. In addition, on May 11, 2021, the City posted the Notice of Violation at the Subject Property and at City Hall. 3 . On June 2, 2021, the City sent a Notice of Hearing to Respondent via certified mail, for which the United States Postal Service returned a signed receipt indicating delivery on June 3, 2021. In addition, the City posted the Notice of Hearing at the Subject Property and at City Hall on June 2, 2021. 4. The dwelling at the Subject Property has a second story sliding glass door leading to a flat deck area. No railing or guard is present to prevent a person from falling from the upper deck. City Code Enforcement Officer John Mayberry observed this condition when conducting a routine patrol on May 21, 2021, and during a brief site visit from outside the Subject Property on June 21, 2021. The condition poses an imminent danger that could result in a life-threatening injury or death. CONCLUSIONS OF LAW 5. The Notice of Violation and the Notice of Hearing complied with the Section 2- 253 of the City Code and Florida Statutes §§ 162.06 and 162.12. Respondent has received full and fair notification of these proceedings, but elected not to appear. 6. The City adopted the International Property Maintenance Code (2018 ed.) (the "IPMC") at Section 82-221 of the City Code. terms: 7. Section 101.2 of the IPMC ("Scope") states: The provisions of this code shall apply to all residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for... a reasonable level of safety from ... hazards.... 8. Section 202 of the IPMC (General Definitions) defines the following relevant a. Anchored: Secured in a manner that provides positive connection. 4 b. Structure: That which is built or constructed. c. Imminent Danger: A condition that could cause serious or life- threatening injury or death at any time. 9. Section 34-91 of the City Code states, "Appurtenances means the visible, functional objects or accessories to and parts of a building. 10. The Subject Property is in violation of Section 108.1.1 of the IPMC (Unsafe Structures), which states, "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...." 11. The Subject Property is in violation of Section 108.1.5 of the IPMC (Dangerous Structure of premises), which states: For the purposes 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 of 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...threat to life and safety. 12. The Subject Property is in violation of Section 304.1.1 of the IPMC (Unsafe Conditions), which states: 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 by existing buildings: k3 ...(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. 13. The Subject Property is in violation of Section 304.10 of the IPMC (Stairways, decks, porches and balconies) states, "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." 14. The Subject Property is in violation of Section 304.12 of the IPMC (Handrails and guards), which states, "Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition." states: 15. The Subject Property is in violation of Section 34-96(b) of the City Code, which 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... safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or any part of any feature thereof was designed or intended to be used. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: Respondent has until July 19, 2021 in which to correct the violations on the Subject Property. 2. Respondent shall install permanent railing on the upstairs deck area, in accordance with the property maintenance standards set forth in Sections 3041, 304.10, and 304.12 of the IPMC. 4 3. Respondent shall apply for and obtain all applicable permits before installation and shall schedule a final inspection with the City before the Subject Property shall be considered in compliance. 4. However, if Respondent fails to correct the violation within the time -period set forth in this Order, a Code Enforcement Officer shall schedule a compliance hearing before the Special Magistrate. 5. The City shall duly notify Respondent of the hearing in accordance with law and Respondent shall have an opportunity to appear and present testimony and evidence as to whether the violation is continuing on the Subject Property. 6. The Special Magistrate shall make a final determination whether compliance has occurred, or if the Subject Property remains in violation of this Order. Upon a finding that the Subject Property remains in violation, the Special Magistrate shall impose a fine of up to $250.00 for each day that the Subject Property remains in violation beyond July 19, 2021, plus the City's enforcement costs. 7. Any fines which may be imposed may become a lien in favor of the City on the Subject Property and upon any other real or personal property of the Respondent, pursuant to Section 2-252(e) of the City Code and Florida Statutes § 162.09(3). 8. All non -homestead real property subject to a code enforcement lien is subject to foreclosure pursuant to Florida Statutes § 162.09(3), and the City may obtain an award of its costs, including a reasonable attorney's fee, pursuant to Florida Statutes § 162.10. 5 DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of June. 2021. RICHARD S. GELLER Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by physical presence or online notarization on this 2 �J `d day of adne , 2021 by Richard S. Geller. Said person (check one) 4/ is personally known to me, produced a driver's license (issued by a state of the United States) as identification, or ❑ produced other identification, to wit: ICNBERLYCH6LEI7 (Affix Notary Seal) :a EV REs: JarWy 13.2W 4. Borrkdihu►�xPd*Ui KM%n .,',.• 10 Notary Public - State of Florida CERTIFICATE OF SERVICE I hereby certify that I furnished a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order on Violation(s) by certified and regular United States mail to the Respondent. French Lanham, 7750 Ridgewood Avenue, Cape Canaveral, FL 32920, on this day of JillLA 2021. Code Enforcement Of er L- S:\RSG\CLIENTS\Cape Canaveral, City Of\Special Magistrate Services C761-25271\Hearing - 06 22 21\Order On Violations - EN21-081 (French Lanham).Docx 7 2UNITED j[STATJJ//E//S''' POSTAL SE(1 I Er CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 07/C1/2021 04:01 PM Prot:uct Qty ---Unit--- - -Price Price Prepaid Mail 1 $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 1.50 oz Acceptance Date: Thu 07/01/2021 Tracking #: 70190160000017609935 Grard Total: $0.00 ----------------- C3 .A f`- ra C3 C3 C3 to C3 .0 C3 Ir a E3 I`- l ❑Priority Mail xpress® xpr E USFS is experiencing unpre + Servicer"' increases and tef SENDER: ComPLETE THIS SECTION availability due to th Merchandise COVID-19. We appreciate y r- Complete items 1, 2, and 3. stal & Print your name and address on the reverse Preview your Ma so that we can return the card to you. 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