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Home My WebLink Aboutcocc_special _magistrate_agenda_packet_20210928CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET September 28, 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: October 26, 2021 2. Approval of Meeting Minutes: July 27, 2021 NEW CODE ENFORCEMENT CASES: 1. Case No. 2021-153 — Violations of Section 302.4 Weeds, International Property Maintenance Code. (8939 Astronaut Ave) Racetrac Petroleum Inc, property owner. COMPLIANCE MASSEY HEARING 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 Property Maintenance Code; Section 304.12 Handrails and guards, International Property Maintenance Code. (516 Jefferson Ave) Donna McAllister Poots, property owner. APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPS None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. The proceedings are open to the public, but the City of Cape Canaveral Special Magistrate Hearing Docket September 28, 2021 Page 2 Special Magistrate reserves the right not to hear from non -interested parties because of the evidentiary nature of the proceeding. Orderly conduct and proper decorum will be maintained during the proceedings. The Special Magistrate may postpone, recess, reschedule or cancel any or all of the cases listed on this docket. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321) 868- 1220 48 hours in advance of the meeting. NOTICE OF VIOLATION t.,,ILY V1 t,ap%; t,aasava.s as Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8939 ASTRONAUT BLVD Parcel ID: 24 -37 -15 -01 -*-2 Respondent(s): RACETRAC PETROLEUM INC R CASE NO. EN21-153 Date: 08/13/2021 PURSUANT to Section 82-221 of the Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the International Property Maintenance Code, 2018 Edition ("IPMC"), adopted by the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within twenty (20) days of receipt of this notice. PLEASE BE ADVISED: It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of the IPMC. Violations shall constitute a public nuisance and shall be deemed a strict liability offense. Your rights to appeal and applicable penalties are described at the end of this Notice. If the violation(s) is/are corrected within the time period required, the respondent(s) must immediately notify the Code Enforcement Officer stated below and request an inspection to verify compliance. The City may also conduct a re -inspection of the property to determine compliance with this notice. 1. Property where violations) exit(s): 8939 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920 THE SPAC 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 �Lw.citv��icatec�ur��cral.��r�> I�QJV L•V. lia• La—a✓✓ Page 2 2. Name and address of owner(s) of property where violation(s) exist: RACETRAC PETROLEUM INC C/O SILVER OAK ADVISORS PO BOX 2437 SMYRNA GA 30081 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 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 EXTERIOR PROPERTY, the open space on the premises and on adjoining property under the control of owners or operators of such premises. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPAC . Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' vN wIN'.ciIvofcalarraum\ r ndmr�r 302.4 Weeds premises and exterior property shall be maintained free from weeds or plant growth in excess of 12". Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided. VIOLATION: Grass is in excess of 12" in height. YOU ARE RE UIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TWENTY 20 DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: 1. The property owner shall mow and trim the property, in accordance with the property maintenance standards set forth in Section 302A Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 to obtain important additional information regarding the permits that you may be required to obtain from the City in order to remedy the Code violations or if you have any questions regarding this Notice of Violation. PURSUANT TO SECTIONS 82-221 AND SECTION 111 OF THE IPMC ("CODE"), YOU HAVE A RIGHT TO APPEAL THIS NOTICE AND ORDER TO THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE, PROVIDED THAT A WRITTEN APPLICATION FOR APPEAL IS FILED WITHIN 20 DAYS AFTER THE DATE THIS NOTICE AND ORDER WAS SERVED ON YOU; OTHERWISE, THE RIGHT TO AN APPEAL HEARING IS WAIVED. AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM THAT THE TRUE INTENT OF THIS CODE OR THE RULES LEGALLY ADOPTED THEREUNDER HAVE BEEN INCORRECTLY INTERPRETED, THE PROVISIONS OF THE CODE DO NOT FULLY APPLY, OR THE REQUIREMENTS OF THE CODE ARE SATISFIED BY OTHER MEANS. AN APPLICATION FOR APPEAL SHALL BE FILED WITH JOHN MAYBERRY, CODE ENFORCEMENT OFFICER, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. IF AN APPEAL IS FILED, AN APPEAL HEARING WILL BE PUBLICLY NOTICED AND HELD WITHIN THIRTY (30) DAYS OF FILING AN APPEAL OR AT SUCH OTHER TIME REQUIRED BY THE CITY MANAGER. WRITTEN NOTICE OF THE DATE, TIME AND LOCATION OF THE APPEAL HEARING WILL BE PROVIDED TO YOU. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS STATED ABOVE WITHIN THE TIME PRESCRIBED HEREIN, SECTION 109.5 OF THE IPMC PROVIDES THAT THE CITY MANAGER IS AUTHORIZED TO EXPEND FUNDS IN THE PERFORMANCE OF EMERGENCY REPAIRS AND OTHER REMEDIAL WORK REQUIRED OF THE CITY UNDER THIS CODE. IF EMERGENCY REPAIRS OR OTHER REMEDIAL WORK IS PERFORMED BY THE CITY, ANY EXPENSES INCURRED BY THE CITY TO MAKE SAID REPAIRS OR PERFORM SUCH WORK INCLUDING, BUT NOT LIMITED TO, CONTRACTOR AND MATERIAL COSTS, ADMINISTRATIVE OVERHEAD, ATTORNEY'S FEES, AND OTHER RELATED COSTS SHALL BE SUBJECT TO REIMBURSEMENT FROM THE PROPERTY OWNER OR THE PERSON CREATING THE SPACC 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 ��n��.cit� �tc<�►�cc�in�n=eral.ur� 4 -attic 1V U. r1V G1-1JJ Page 4 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 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. QX—j-4- �n I r L Z- (o.b.01mayberry City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 2280 0000 0198 0238 THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACI Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' 0IV Ra&i' POSTAL SERVICE. CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 08/13/202.1 12:07 PM Product Qty Unit Price Price Prepaid Mail 1 x•0.00 Smyrna, GA 30081 Weight: 0 ib 0.60 oz Acceptance Date: Fri 08/13/2021 Tracking #: 70192280000001980238 Grand Total: $0.00 �r��r��k��r�r�k�k��r�r�k�k��r��rx�k�rr��k��*rcxx•:��krcrc:r�r�r:e USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts ui COVID-19. We appreciate your patience 7CXxx�r �r Y[7CYCYlx'Y(Ylx'YC Yc 7Cx:r7c 1C Yf 7[x Y(Yc%M:t x'Yi 1KY(YCW-I �•,. kX Preview your Mail Track your Packages Sign up for FREE 9 https://informeddelivery.usps.com United States Postal Service NOW HIRING NATIONWIDE Career Path Positions with Benefits Apply online at www.usps.com/careers All sale ;«,I on stamps and postage. Reful)d' Ivi guaranteed services orIv. illank you for your business. Tell a o �-experi ence. Go to:t i -/lpostence.com/Pus or, s his co em ile device �jr" i L El r., l or call 1--800-410-7420. UFN: 111335-0280 Receipt #: 840-5327006: t� 1 Clerk: 21 Q' ra C3 C3 C3 C3 C3 C3 CIO ti ru o- ra C3 N 1plete Items 1, 2, and 3. E yoaiJame and address on the reverse 7a•t'watan return the card to you. oh this card to the back of the mailpiec% n the frbilt if space permits. le Addressed to: ►��a.� Wkv 1eu,u/l �lvrs�✓s �3r Zq�'% rnG� G'� 300 X11 II I �III'I III'I I I' III I II I II I I III I IIIIiI I I III 9590 9402 6268 0274 5002 53 -` da M imhar frMnefar fmm *arvkwxn lahnil 1 2282 0020 0198 0238 ,m 3811, July 2020 PSN 7530-02-000-9053 If YES, enter delivery C. Date of Delivery from item 1? ❑ Yes ass below: ❑ No 3. Service Type U.S. Postal ❑ Registered Mani"" ServiceTm ❑ Registered Mail Restricted 11 Certified Mail® Delivery ❑ Certified Mail ResMcted Delivery ❑ Signature Confirmation*" ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery 'l Insured Malt insured Mail Restricted Delivery (over $500) CERTIFIED MAIL° RECEIPT -. Domestic Mail Only11111111 website at www.usps.com�. For delivery information, visit our Q' ra C3 C3 C3 C3 C3 C3 CIO ti ru o- ra C3 N 1plete Items 1, 2, and 3. E yoaiJame and address on the reverse 7a•t'watan return the card to you. oh this card to the back of the mailpiec% n the frbilt if space permits. le Addressed to: ►��a.� Wkv 1eu,u/l �lvrs�✓s �3r Zq�'% rnG� G'� 300 X11 II I �III'I III'I I I' III I II I II I I III I IIIIiI I I III 9590 9402 6268 0274 5002 53 -` da M imhar frMnefar fmm *arvkwxn lahnil 1 2282 0020 0198 0238 ,m 3811, July 2020 PSN 7530-02-000-9053 If YES, enter delivery C. Date of Delivery from item 1? ❑ Yes ass below: ❑ No 3. Service Type ❑ priority Mall FxpressO ❑ Adult Signature ❑ Registered Mani"" ❑ Adutt Signature Restricted Delivery ❑ Registered Mail Restricted 11 Certified Mail® Delivery ❑ Certified Mail ResMcted Delivery ❑ Signature Confirmation*" ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery 'l Insured Malt insured Mail Restricted Delivery (over $500) g/ ?�(- 16'3 Domestic Retum Receipt ti10�1C�� 6 C�LIA�711G� a I •Val. S3 City of Cape Canaveral Community Development RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, W RaceTrac Petroleum C/O Silver Oak Advisor PO Box 2437 Smyrna, GA 30081 Respondent(s): Location of the Violation: 8939 Astronaut Blvd Cape Canaveral, FL 32920 PARCEL ID: 24 -37 -15 -01 -*-2 CASE No. EN21-153 DATE: 09/14/2021 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on September 28, 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. EN21-153 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 September 2021. J Mayberry Code Enforcement Officer 321-868-1220, Ext. 227 Certified Mail: 7019 2280 0000 0197 8419 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 \N\\,NNI.citti`ufral)CCalla\'eral.()rg THE SPC BETWEEN* UNITED STATES POSTAL MWW-CE` CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL 32920-9998 (800)275-8777 09/14/2021 02:36 PM ------------------ ProductQty Unit Price Price --- ---------------- Prepaid Mail 1 - $0.00 Smyrna, GA 30081 Weight: 0 lb 0.80 oz Acceptance Date: Tue 09/14/2021 Tracking #: 701.92280000001978419 Prepaid Mail 1 $0.00 Miami, FL 33172 Weight: 0 lb 0.80 oz Acceptance Date: Tue 09/14/2021 Tracking #: 70192280000001980368 ------------------------------------------ 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 Earn rewards on your business account purchases of Priority Mail labels with the USPS Loyalty program by using Click and Ship. Visit www.usps.com/smallbizloyalty for more info. United States Postal Service NOW HIRING NATIONWIDE Career Path Positions with Benefits Apply online at www.usps.com/careers All sales final on stamps and postage Refunds for guaranteed services only. Thank siness. e l l u: J MLI t yuui of a�, Ilii_. —de wi rh vri�i and i Ir k• e, Ir r� r%_ 0^ ral M 0 0 0 0 M CD ru ru it a O r%_ U.S. Postal Service'M CERTIFIED MAIL® RECEIPT Domestic Mail Only Clay 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 September 14, 2021 at the following address: 8939 Astronaut Blvd Cape Canaveral, FL 32920 on this 14th day of September 2021 and the required posting at City Hall 100 Polk Avenue Cape Canaveral, Florida, 32920. )-ode Enforcemen ffi r State of Florida County of Brevard On this 14th day of September 2021, John Mayberry, personally known to me, appeared and did not take an oath. Notary Public .t;;;�►•• .,�_�_ prUVi►M, YOUNG Vs W COMMISSION #� HH 181929 EXPIRES: Augusl5, 2025 `•'•;ro•, ;o: Bonded flMu Notwy Pubik W wrtKW 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) 868-1.220 • Fax: (321) 868-1247 \\ \A NA,.cit}'ofcapecanaveral.org SPECIAL MAGISTRATE HEARING CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, W Donna McAllister Poots, 710 Humboldt Street Brooklyn, NY 11222, Respondent. Case No.: EN21-082 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida on July 27, 2021 for consideration, after due and lawful notice to the probate estate of Respondent, Donna McAllister Poots, 710 Humboldt Street, Brooklyn, NY, to determine whether that certain property located at 516 Jefferson Avenue, Cape Canaveral, Florida 32920, Parcel I.D. 24-37-23- 08 -*-1 (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 The Magistrate finds: 1. The Respondent, Ms. Poots, is deceased. Her probate estate is said to own and control the Subject Property-, which is one unit of a multi -family townhouse. The Subject Property is not homestead. Ms. Poots' son, who resides in New York, was either appointed or is acting as the estate's personal representative. He has been in communication with the City Code 1 Enforcement Division and is cooperatively renovating the Subject Property with the owner who lives next door to the Subject Property. The son had a contractor submit an application for a permit to correct the violations set forth below. However, the contractor is not qualified to perform services for residential properties. The contractor is in the process of updating its licensing so that it can correct the violations at issue. 2. On May 4, 2021, the City sent a Notice of Violation to Respondent's last known address via certified mail; however, the City did not receive a return receipt. In addition, on May 4, 2021, the City posted the Notice of Violation at the Subject Property and at City Hall. 3. This matter was originally scheduled for a hearing on June 22, 2021. Upon a Motion brought by the City, the Special Magistrate entered an Order continuing this matter to July 27, 2021. 4. On July 14, 2021, the City sent a Notice of Hearing for July 27, 2021, to Respondent's last known address via certified mail. A return receipt was signed on July 19, 2021. In addition, the City posted the Notice of Hearing at the Subject Property and at City Hall on July 16, 2021. 5. On July 27, 2021, Code Enforcement Officer John Mayberry inspected the Subject Property and observed that the Subject Property still has no railing or guard to prevent a person from falling from the upper deck. A photograph presented during the hearing confirmed this condition. CONCLUSIONS OF LAV 6. 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. Full and fair notification of these proceedings has been provided. 2 7. The City adopted the International Property Maintenance Code (2018 ed.) (the "IPMC") at Section 82-221 of the City Code. terms: 8. Section 101.2 of the IPMC ("Scope and Administration") 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, 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. 9. Section 202 of the IPMC (General Definitions) defines the following relevant a. Anchored: Secured in a manner that provides positive connection. 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. 10. The Subject Property is in violation of Section 108.1.1 (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. N (S) 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: ...(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. Section 34-91 of the City Code states, "Appurtenances means the visible, functional objects or accessories to and parts of a building. 15. 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: 16. 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 0 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 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: 1. Respondent, her probate estate, or any other successors in interest have until September 16, 2021 in which to correct the violations on the Subject Property. 2. Permanent railing shall be installed on the upstairs deck area, in accordance with the property maintenance standards set forth in Sections 304.1, 304.10, and 304.12 of the IPMC. 3. Respondent, her probate estate, or any other successors in interest 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, her probate estate, or any other successors in interest fail 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 give due notification of the hearing in accordance with law to give 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, and if compliance has not occurred and the Subject Property remains in violation of this Order, to impose fines. Such a fine will be entered in an amount of up to $250.00 for each day after September 16, 2021 that the Subject Property remains in violation, plus the City's enforcement costs. 5 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, her probate estate, or any other successors in interest pursuant to Section 2-252(e) of the City Code and Florida Statutes § 162.09(3). S. 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. DONE AND ORDERED at Cape Canaveral, Florida, this 29th day of Jam, 2021. A S. GEL 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 44" day of , 2021 by Richard S. Geller. Said person (check one) Vis 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: KNWAl.YCHEUM WCOW S8tM M 948784 (Affix Notary Seal)= EMRES:4rn 13,=4 Notary Public - State of Florida . *`�e,•• Bonded Tku Notarybic Puw4 wtl s 11 n 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 mail to the Respondent, Donna McAllister Poots, 710 Humboldt Street, Brooklyn, NY 11222, on this q q:�b_ day of 2021. Code Enforcemen ffice S:\RSG\CLIENTS\Cape Canaveral, City OASpecial Magistrate Services C761-25271\Hearings 2021\Hearing - 07 27 21\Order On Violations - EN21-082 (Donna Mcallister Poots).Docx 7 UNITED S-TATEI ❑ Return Receipt (hardcopy+) i., = POSTAL SERVICE. Er D nnj - ❑Adult Signature Required CAPE CANAVERAL IM 8700 ASTRONAUT BLVD 1:0 CAPE CANAVERAL, FL 32920-9998 Er (800)275-8777 r� r3 08/C4/2021 12:59 PM IIII')II ----..._.. ----- ---------------- II Procuct Otv Unit Price C3C3 Price C3 .'----- ------------------ Prepaid Mail 1 $0,00 C3 Ridgewood, NY 11385 o `u Weight: 0 lb 1.40 oz ru Acceptance Date: Wed 08/04/2021 Er Tracking #: 70192280000001980269 r --- Prepaid Mail 1 $0.00 Cape Canaveral, FL 32920 Weight: 0 lb 1.50 oz Acceptance Date: Wed 08/04/2021 Tracking #: 70192280000001980252 . Extra Services & Fees (check bow d fee ❑ Return Receipt (hardcopy+) $ El Receipt (electronic) ❑ Certirred Mail Restricted Deliv . - ❑Adult Signature Required Il� ❑Adult Signature Restricted Deliv_ _ Postage Grand Total : ■ Complete Rems 1, 2, and 3. 9 Print your name and address on the reverse so that we can return the card to you. Vi Attach this card to the back of themailpiece, USPS is experiencing unprecedente�' ,. _ or on the front if space permits. i acre&sea and l i mi ted emp- 1. Article Add to:js availability due to the i n i ldn^cn COVID-19. We appreciate your K Preview Your Mail Track your Packages Sign up for FREE 9dp�, htt ••/�irformeddeliver•y �,. e A. Si;�Lture X E3 Agent ❑ Addressee B. Received by (Printed Name)CSD to of Deliver/ D. Is def.. address different from item i? ❑ Yes ff YES, anter_delivery address below- ❑ No 9�' y V 9 py I 3. Servi6�1ypat ❑ Priority Mail Express® United States Postal Sc, Il� IIIIII I'll liIIII 111 IIII it IIII')II II IIIc I III ❑ Adult Signature ❑AduttSignature RestrictedDelivery ❑ Registered MailR QRegistered MailAesMcted NOW HIRING NATons ❑❑Ce�(edMalllResrrictedDelivery with Career Path Positions with i 9590 9402 6268 0274 4906 46 flDeliveryr reConflrmauonTM Apply online at ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery 7 arfiHa Nrrmhar (Transfer from service label) www .uses , com/rareer�,insured 71119 2280 0000 019 8 02139 Mall Insured Mail Restricted Delivery A 1 1 sales f 1 t'Iii 1 on startles and pos PS Form 3811, Jul 2020 PSN 7530-02-000-9053 y Refunds for guaranteed services or,-:--: over $500) Domestic Retum Receipt Thank YOU for your business. Thank Tell us about your experience. Gc to: httDs://nostalexner•ienre-conti'Pos hh or Slc vice, 4W f"Uo&/ q2_ City of Cape Canaveral Community Development v /IHM RE: NOTICE OF COMPLIANCE (MASSEY) HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): DONNA MC ALLISTER POOTS C/O ZACH POOTS 6118 COOPER AVE RIDGEWOOD, NY 11385 Location of the Violation: 516 JEFFERSON AVE CAPE CANAVERAL, FL 32920 CASE No. EN21-82 DATE: 09/02/2021 A COMPLIANCE (MASSED HEARING will be conducted before the City of Cape Canaveral Special Magistrate on September 28, 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 Findings of Fact, Conclusions of Law and Order 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. Case EN21-82 Pg. 2 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. n Mayberry, Code Enforcement ffK 321-868-1220, Ext. 227 Certified Mail: 7019 2280 0000 0198 0344 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 ��-��.cityofcaJ�ecana�-eraL��r� THE IrSPA4CC BETWEEN' UNITED STME SERVICE STice CAPE CANAVERAL 8700 ASTRONAUT BLVD CAPE CANAVERAL, FL3292Q 9998 7 02:53 PM 09/02/2021 ----------------- - Product---------Oty Unit Price Price ---------------------------------- --------- First-Class Mail® 1 $0.78 Letter Ridgewood, NY 11385 Weight: 0 lb 1.10 oz Estimated Delivery Date Tue 09/07/2021 $3 75 Certified Mail® Tracking #: 70192280000001 80344 $3.05 Return Receipt ---- Tracking #: 9590 9402 6268 0274 5003 52 -$7.53 Affixed Postage - Affixed Amount: $7.53 ' Total ■ -------- Grand Total: --------------- Cash --------------- 7C., tal ServicerM IED MAIL° RECEIPT ail onry niarrnatiartvisit our weiysileat t,yy�rtvusAs.cvrrt"• JEW, moi ca rCertfied Mail Fee $3.75 tr $ rq Extra Services &Fees C3 rte _P_-Aotiha_P9l 0 Return Receipt (n10elive41 rY $ (7 0 certified Me➢ Restrict $ 0 0 Adult Signature Requhed uReetActed Wiv- $ Cl Adult signetre _�� C3 Postage $0.78 NTotal postage and Fees N$7.58 s 0.., o ra $fr of Ap o., of Pull C3 N � �za::o W;4i' * complete items 1, 2, and 3. '-. * Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. yryry y syr z yry xxxx�cxr xr **rcrc** *� 1. ArticleAddlesse0�q``J USPS is experiencing unprecedr' (� ` kr increases and limited rd � / -P,) -� availability due ti o the U1 COVID-19. We appreciate your vc�ercte�csrtc��r�rrvr�crrxte�ercvrrc�rrctr�crrvcxrr� 3 �' b to JQ IJV 113195 q. stgnawre. X SECTION ON DELIVERY B. Received by (Pilnfed Name) 0. Date of Delivery D. Is delivery address d'rfferent fiom item 1? E3 Yes If YES, enter delivery address belovr E3 No Text your tracking num er I r0cerdfied ice Type o priority Man s" TM's' to get th« latest status. Star / Signatare ❑ Registered Man and Data rates may apply. . 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