HomeMy WebLinkAboutcocc_special_mag_agenda_pkt_20220125THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
V.
James R Williams
6321 Ridgewood Ave
Cocoa Beach, FI 32931
City of Cape Canaveral
Community Development
RE: CORRECTED NOTICE OF HEARING
Location of the Violation: 214 Pierce Ave. Cape Canaveral, FL. 32920
CASE No. 21-148
DATE: 1/13/2022
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on January 25, 2022 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 15th day of Decenber, 2021.
ris Robinson, Code Enforcement Officer
321-868-1220 Ext. 116
Certified Mail: 7018 0680 0002 3250 9225
Lr)
fu
Er
O
Ll
ru
m
ti
C3
0
0
0
m
.n
0
co
0
r`
/v 0H
U.S. Postal Servicer°°
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Hearing dated 1/13/2022
at the following address:
214 Pierce Ave. Cape Canaveral, FL 32920
on this 13th day of January 2022 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaver - o - a, 32920.
r
Chris Robinson, Code FfiTorcement Officer
State of Florida
County of Brevard
On this 13th day of January, 2022, Chris Robinson, personally appeared, who is personally known to
me and did not take an oath.
PATRICIA ANN ROTH
MY COMMISSION # HH 001077
/' _ - --, Q`.• EXPIRES: May 18, 2024
(+,t,(l, w� t �oF,Ft°a' Bonded Thru Notary Pudic Underw t 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.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
THE
SPACE
BETWEEN'
City of Cape Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
CASE NO. 21-148
Date: 10/12/2021
Owners of the property located at: 214 Pierce Ave. Cape Canaveral, FL. 32920
Parcel ID: 24 -37 -23 -CG -57-16.01
Respondent(s): James R Williams
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral
Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of
the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s)
is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required
to be performed within thirty (30) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s)
may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and
a penalty as provided below may be imposed.
The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and
penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violations(s) has/ have been corrected, and, in
addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be
irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000
per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special
Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded
in the public records and thereafter shall constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator which can be satisfied by
foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S)
IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST
IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO
DETERMINE COMPLIANCE.
THE
SPAGI
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
���w.rit�olcaUec�i�a�eral.ore
Case No. 2021-148
Page 2
1. Property where violations) exit(s):
214 Pierce Ave.
Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
James R Williams
6321 Ridegwood Ave
CAPE CANAVERAL, FL 32920
A recent inspection of the subject property and other relevant information conducted by the City
Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions.
A summary of the applicable City Code provisions and existing condition of the property is set forth
below.
Chapter 34 — Environment
Article III - PROPERTY MAINTENANCE STANDARDS
Section 34-96 (a,b,d). - Standards established.
(a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and
upkeep are required for all the land improvements within the city. Lawns and planting require
considerably more periodic attention than do buildings, nonetheless both require maintenance in
order to retain a good appearance.
(b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or
his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in
any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe
condition. All parts thereof shall be maintained in good repair and shall be capable of performing the
function for which such structure or part of any feature thereof was designed or intended to be used.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris,
objects, material or conditions which may create a health or fire hazard. Exterior property areas shall
be free of unsanitary conditions which constitute a blighting or deteriorating influence on the
neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute
a blighting or deteriorating effect in the neighborhood.
Section 34-97(a)(1). - Duties and responsibilities for maintenance.
(a) The owner of every single-family or multiple -family dwelling, commercial or industrial property,
his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in
any form or manner shall maintain the premises free of hazards which include but are not limited to:
THE
• Office Box 326 • Cape Canaveral FL 32920-0326
SPACC
100 Polk Avenue Post p � BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
������ .citv��fcane�:ana�eral.c�r�
Case No. 2021-148
Page 3
(1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage,
trash, refuse, debris and inoperative machinery.
Section 34-176. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned property means all tangible personal property which does not have an identifiable owner
and which has been disposed of in a wrecked, inoperative or partially dismantled condition or which
has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be
limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and
furniture which have been left unprotected from the elements.
Section 34-181. - Storing, parking or leaving on private property.
(a)No person shall park, store, leave or permit the storing or leaving of any abandoned property or
inoperable motor vehicle of any kind, whether attended or not, upon any private property within the
city; except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored or
left on the property for a period of time not to exceed 72 hours. The presence of such abandoned
property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public
nuisance, which may be abated in accordance with the provisions of this article.
ARTICLE II. - BUILDING CODE
Section 82-31. - Florida Building Code adopted.
The Florida Building Code 2010 edition, as may be amended from time to time, as published by the
Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is
hereby adopted by reference and incorporated herein as if fully set out.
PERMITS
[A] 105.1 Required. (F.L.B.C.)
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
INSPECTIONS
[A] 110.1 General. (F.L.B.C.)
Construction or work for which a permit is required shall be subject to inspection by the building
official and such construction or work shall remain accessible and exposed for inspection purposes
w T_ -J1
100 Polk Avenue - Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cit�c�icauccan�+.vcr�L«rs�
THE
SPACI
BETWEEN'
Case No. 2021-148
Page 4
until approved. Approval as a result of an inspection shall not be construed to be an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections
presuming to give authority to violate or cancel the provisions of this code or of other ordinances of
the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to
remain accessible and exposed for inspection purposes. Neither the building official nor the
jurisdiction shall be liable for expense entailed in the removal or replacement of any material required
to allow inspection.
Chapter 110 — ZONING
ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS
Section 110-297. - Minimum setbacks.
(a) In the R-2 medium density residential district, the following minimum setbacks shall be required.
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet.
(3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
Section 110-468. - Accessory structures.
(a) No accessory structure shall be erected in any front yard, and the accessory structure shall not
cover more than 30 percent of any required rear setback. No separate accessory structures shall be
erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory
structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only
may have one additional accessory structure erected per unit, not to exceed 100 square feet with a
maximum height often feet if detached or 32 square feet with maximum height of ten feet if attached
in rear setback. In new construction an accessory building may not be constructed prior to the
construction of the main building. No accessory building shall be used for any home occupation or
business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be
used for housing temporary guests of the occupants of the main building. It is not to be rented or
otherwise used as a separate dwelling.
(b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over 100
square feet in size or more than seven feet high, are exempt from this section, provided they are in
the rear yard only.
VIOLATION: The property located 214 Pierce Ave. has grass and weeds in excess of 6 inches in
height particularly under the two trailers and along the fence line. There is an inoperable
vehicle on one of the trailers and it has no tag. A porch roof was installed without permits and
appears to be in violation of property setbacks. There are multiple accessory structures in the
fenced in yard and it appears they are in violation of property setbacks.
THE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 S IN C I
p
Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
��-��•�.cityolcat3c canaveral.or�
Case No. 2021-148
Page 5
VIOLATION:
YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN THIRTY
30 DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS:
1. Mow and trim all weeds and grass in excess of 6 inches in the yard.
2. Obtain a current registration for the vehicle and display the tag. Repair, remove or cover the vehicle
in accordance with city code.
3. Apply for, obtain and have final inspections on the porch roof, or remove the porch roof.
4. Remove any accessory structures that are within the property setbacks.
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 after the date of the
transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud.
Please immediately contact Code Enforcement Officer Chris Robinson, at 321-868-1220, Ext. 116
regarding any questions and additional information you may need concerning this Notice of Violation.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Chris Robinson
City of Cape Canaveral
Code Enforcement Officer
Certified Mailing Numbers: 7018 0680 0002 3250 9133
Y 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
w�w.citY��teat�ecanatcraL����
THE
SPACE
BETWEEN'
N ❑ Reium Receipt (h--Py)F $
O ❑ Robun Receipt (electronic) $
0 ❑ Carl W Marl Restricted Del" ` S
M I`` ❑ Adurc signs re Regw od a
❑ Muft ggnatue Restricted Delivery $
O
CO
0
CD
rl
0
' E
r
F 1 h
?")bin pfl(
Here,'
�......
James R Williams
6321 Ridegwood Ave
CAPE CANAVERAL, FL 32920
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Violation dated 10/12/2021
at the following address:
214 Pierce Ave. Cape Canaveral, FL 32920
on this 27th day of OFtqber 202
Canaveral, nda, 20.
Enforcement Officer
State of Florida
County of Brevard
posting at City Hall, 100 Polk Avenue, Cape
On this 27th day of October, 2021, Chris Robinson, personally appeared, who is personally known
to me and did not take an oath.
'n" .• PATRICIA ANN ROTH
*: *: MY COMMISSION it HH 001077
EXPIRES: May 18, 2024
i /i .. i c, c.E�. L �n r, . • ���' �f W �$F nR• Bonded 7tw Notary Public ung
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.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
THE
SPAU
BETWEEN'
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
1a
FGT MGT LLC
933 Ellendale Dr.
Towson, MD 21286
City of Cape Canaveral
Community Development
RE: CORRECTED NOTICE OF HEARING
Location of the Violation: 630 Adams Ave. Cape Canaveral, FL. 32920
CASE No. 21-204
DATE: 1/13/2022
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on January 25, 2022 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 TH E 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 15th day of December, 2021.
Chris Robinson, Code Enforcement Officer
321-868-1220 Ext. 116
Certified Mail: 7018 0680 0002 32509218
Er
ru
Q..
0
Ln
ru
M
ru
O
0
0
C3
0
U.S.
Postal
Service"
CERTIFIED
MAIL°
RECEIPT
Domestic
Mail
Oniy
FE-Q� GANA�
�ertifled Mall Fee ��. {
Xtra Services & Fees (checicbac mid es m em)
❑ Return Receipt Owdwpy) $ .
❑ Return Recelpt (Owton1c) $ rkk
❑ Certified Mall Restricted Delhrery $
[]Adult Signature Required $ i
❑Adu t Signature Restricted Delhrery $ ._
.otWP" FGT MGT LLC
C O John Kabboor 9'Z
9:0 N. Atlantic e uc
_.
c3 gbwii�ii Cocoa Beach, FL 32931
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for instructions
ivn ra
C3 Postage
`a $ FGT MGT LLC G
0 Total Postage
$ Lisa Taylor
cO Sent To 933 Ellendale Dr.
o�'d'
r Towson, MD 21286
13P
U.S.
Postal
Service
Certified Mail Fee
T11
ru
$
CERTIFIED
1�1
Services & Fees (checkbo.4
Extru
MAIL°
RECEIPT
E3ra
Return Receipt (hardo
$ -
Domestic
Mail
Only
r-3
❑ C.#& d Mail Restricted Del
$
E] Adult signature Required
$ _
` ❑Adult signature Restricted D.IWY $
For delivery
information,
visit
our website
at www.usps.corn .
C3 Postage
`a $ FGT MGT LLC G
0 Total Postage
$ Lisa Taylor
cO Sent To 933 Ellendale Dr.
o�'d'
r Towson, MD 21286
13P
0 E
Certified Mail Fee
ru
$
1�1
Services & Fees (checkbo.4
Extru
add the
E3ra
Return Receipt (hardo
$ -
❑ Retum Receipt (eiec4onlc)
$ .
r-3
❑ C.#& d Mail Restricted Del
$
E] Adult signature Required
$ _
` ❑Adult signature Restricted D.IWY $
C3 Postage
`a $ FGT MGT LLC G
0 Total Postage
$ Lisa Taylor
cO Sent To 933 Ellendale Dr.
o�'d'
r Towson, MD 21286
13P
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Hearing dated 1/13/2022
at the following address:
630 Adams Ave. Cape Canaveral, FL 32920
on this 13th day of January 2022 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaver , lorida, 32920.
Chris Robinson, Code Enforcement Officer
State of Florida
County of Brevard
On this 13th day of January, 2022, Chris Robinson, personally appeared, who is personally known to
me and did not take an oath.
;�*ty PATRICIA ANN ROTH
•: �_ MY COMMISSION # HH 001077
EXPIRES: May 18, 2024
Bon
ded Thru Notary Public Underwriters
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
• Post Office Box 326 • Cape Canaveral FL 32920-0326 SPACL
100 Polk Avenue P � BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.citvofcapecanaveraLore
NOTICE OF VIOLATION
City of Cape Canaveral
Community Development
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
CASE NO. 21-204
Date: 9/30/2021
Owners of the property located at: 630 Adams Ave. Cape Canaveral, FL. 32920
Parcel ID: 24 -37 -23 -CG -6-9
Respondent(s): FGT MGT LLC
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
per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special
Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded
in the public records and thereafter shall constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator which can be satisfied by
foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S)
IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST
IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO
DETERMINE COMPLIANCE.
THE
�:- =NNERNMIEn SPACC
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
Case No. 2021-204
Page 2
1. Property where violation(s) exit(s):
630 Adams Ave.
Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
FGT MGT LLC
933 Ellendale Dr.
Towson, MD. 21286
A recent inspection of the subject property and other relevant information conducted by the City
Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions.
A summary of the applicable City Code provisions and existing condition of the property is set forth
below.
ARTICLE IX. - INTERNATIONAL PROPERTY MAINTENANCE CODE
Section 82-221. - International Property Maintenance Code adopted.
(a)The International Property Maintenance Code, 2018 edition, as published by the International Code
Council (hereinafter referred to as the "IPMC" or this "code"), is hereby adopted by reference and
incorporated herein as if fully set out. Section 101.1 of the IPMC is amended to state that Section 82-
221 of the City Code shall be known as the "International Property Maintenance Code of the City of
Cape Canaveral, Florida."
SECTION 302 EXTERIOR PROPERTY AREAS ( IPMC )
302.1 Sanitation.
Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The
occupant shall keep that part of the exterior property that such occupant occupies or controls in a
clean and sanitary condition.
302.4 Weeds.
Premises and exterior property shall be maintained free from weeds or plant growth in excess of six
(6) inches in height. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs provided; however, this term shall not include
cultivated flowers and gardens.
SECTION 304 EXTERIOR STRUCTURE (IPMC)
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and
sanitary so as not to pose a threat to the public health, safety or welfare.
THE
SPAU
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
v�ww.citvolcaneednn�,erai.or�
Case No. 2021-204
Page 3
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:
4. Siding and masonry joints including joints between the building envelope and the perimeter
of windows, doors and skylights are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely supporting
all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and
free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not
capable of supporting all nominal loads and resisting all load effects;
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.
304.2 Protective treatment.
Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than
decay -resistant woods, shall be protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces
repainted. Siding and masonry joints, as well as those between the building envelope and the
perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight.
Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and
surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
304.4 Structural members.
Structural members shall be maintained free from deterioration, and shall be capable of safely
supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be
maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to
prevent the entry of rodents and other pests.
THE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE
Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
www.cii�oicaneeanaveral.or�
Case No. 2021-204
Page 4
304.6 Exterior walls.
Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
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.
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.
304.13 Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather
tight.
304.13.1 Glazing.
Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of
being held in position by window hardware.
304.15 Doors.
Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in
good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the
door. Locks on means of egress doors shall be in accordance with Section 702.3.
SECTION 306 COMPONENT SERVICEABILITY (IPMC )
306.1 General.
The components of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition.
.- - _ .. _ _ ti.-�.:_. . . ��� rases ... - �.___._ 3sa.-� - - -�__ .- �:.�-� •.i �at�:..:�
r-s't'?
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
tiN xvw.cilvofcanecaIla v eniLora
THE
SIDAC[
114
BETWEEN*
Case No. 2021-204
Page 5
306.1.1 Unsafe conditions.
Where any of the following conditions cause the component or system to be beyond its limit state,
the component or system 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:
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections
VIOLATION: The grass on the property particularly in the back is overgrown. There are two
doors that have wood across the front to keep them securely shut thus creating a blighting
condition. There are also several doors that are peeling from the bottom up. There are several
windows throughout with missing glass and have plywood in their place. Window sills, wall
and support columns throughout the complex have cracks in them. There is missing soffit on
the east side of the roof. There is a missing light fixture with bare wires going up the north east
stairs. The second floor ceiling has holes and water damage as well as peeling paint on the
drywall. There are several window AC units that are rusted and some tenants say don't work.
There is concrete damage to stairs walls and balconies that needs repair.
YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TWENTY
[20] DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS:
1. Mow and trim the overgrown weeds and grass.
2. Repair doors that are inoperable, paint peeling from moisture and nailed shut with boards.
3. Repair all broken glass in windows.
4. Repair all the cracks in window sills, walls and support columns.
5. Replace missing soffits.
6. Fix the missing light fixture that has exposed wires.
THE
SPACI
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
Y\v\� .CllVnjCAhE��llflV%tldl.1PL
Case No. 2021-204
Page 6
7. Repair holes in the ceilings.
8. Remove or replace rusting ,damaged or non- working AC units.
9. Paint areas with chipped or peeling paint.
10. Repair all concrete damage to stairs, balconies, walls and columns.
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 after the date of the
transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud.
Please immediately contact Code Enforcement Officer Chris Robinson, at 321-868-1220, Ext. 116
regarding any questions and additional information you may need concerning this Notice of Violation.
719. YOURSELF ACCORDINGLY.
Chris Robinso
City of Cape Canaveral
Code Enforcement Officer
Certified Mailing Numbers: 7018 0680 0002 3250 9102
YHE
_-_•4r-_ ��': ;;�:�r�r.•�csra-L•�s�aea�=Y.�t�.��. --: _�- - - - �� - "- SPACE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
wwNN,.citvoicat)eca»averal.oI i.,
ti
0
a,
0
Ln
ti
m
ru
C3
Q
O
C]
43
.A
C3
co
a
0
N
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Violation dated 9/30/2021
at the following address:
630 Adams Ave. Cape Canaveral, FL 32920
on this 10th day of November 2021 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaver 2920.
y' t
Chris obinson, ode Enforcement Officer
State of Florida
County of Brevard
On this 10th day of November, 2021, Chris Robinson, personally appeared, who is personally known
to me and did not take an oath.
.;?►u,- PATRICIA ANN ROTH
MY COMMISSION 8 HH 001017
I .. Via`,: EXPIRES: May 18, 2024
q�i�/f
•��'•�.�•s•��� Bw*d Tt ru Ndmy M& Unftvdn
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.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
��«.ti�..citv,tcaue.•ana�rrtjl.rnL
THE
SPACE
BETWEEN'