HomeMy WebLinkAboutcocc_special_mag_agenda_pkt_20220426CITY OF CAPE CANAVERAL
SPECIAL MAGISTRATE
CODE ENFORCEMENT MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
HEARING DOCKET
April 26, 2022, 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: May 24, 2022
2. Approval of Meeting Minutes: January 25, 2022
NEW CODE ENFORCEMENT CASES:
1. Case No. 2021-202 — Violations of Section 604.3. Electrical System Hazards, International
Property Maintenance Code; Section 605.1. Installation, International Property
Maintenance Code; (630 Adams Ave) , FGT MGT LLC, property owner.
2. Case No. 2021-224 — Violations of Section 304.13. Window, skylight and door frames,
International Property Maintenance Code; Section 304.13.2. Openable windows,
International Property Maintenance Code; Section 65.4. Wiring, International Property
Maintenance Code; (202 Caroline St Apt 110) , Next Generation Real Estate Services,
property owner.
COMPLIANCE (MASSEY HEARING.), CODE ENFORCEMENT CASES:
None
APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE [IPMC}-
None
OTHER SPECIAL MAGISTRATE RELATED BUSINESS:
None
ADJOURNMENT
City of Cape Canaveral
Special Magistrate
Hearing Docket
April 26, 2022
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.
City of Cape Canaveral
Community Development
RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
V.
FGT MGT LLC
933 Ellendale Dr
Towson, MD 21283
Respondent(s)
Location of the Violation:
630 Adams Ave Apt 2
Cape Canaveral. FL 32920
PARCEL ID: 24 -37 -23 -CG -6-9
CASE No. EN21-202
DATE: April 5, 2022
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on April 26, 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 5th day of April 2022.
V
ayberry
nforcement O icer
(321) 868-1220 ext. 227
Certified Mail:
7020 0090 0001 8344 2136
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
u o H
THE
SPACC
BETWEEN'
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
RECEIVED
by---�-�--- ��
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 April 5, 2022
at the following address:
630 Adams Ave Apt 2
Cape Canaveral, FL 32920
on this 5th day of April, 2022 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaveral, Florida, 32920.
o May
ode Enforcement fficer
State of Florida
County of Brevard
On this 5th day of April, 2022, John Mayberry appeared, who is personally known to me and did
not take an oath.
7,
Kamma Lee Sbcwm
a! . Notary Public
State of Florida
Comm# HH100824
Notary Public ��HCE 191�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.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
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UNITED STATES
STAL SERVICE.
CAPE CANAVERAL
8700 ASTRONAUT BLVD
CAPE CANAVERAL, FL 32920-9998
(800)275-8777
/2022 04:14 PM
-------------------
%t Qty Unit Price
Price
----------------------
iid Mail 1 $0.00
rlerritt Island, FL 32954
sleight: 0 lb 1.00 oz
Acceptance Date:
Tue 04/05/2022
i•racking #:
70200090000183442129
-i lid Mai 1 1 $0.00
,ioca Raton, FL 33432
.eight: 0 lb 0.90 oz
acceptance Date:
Tue 04/05/2022
racking #:
70200090000183442112
ii Mail 1 $0.OC
Iowson, MD 21286
,leight: 0 lb 0.80 oz
acceptance Date:
Tue 04/05/2022
701,;00/900001 344:13E;
------------------------------------------
Grand Total: $0.00
------------------------------------------
-------------------------------------- ---
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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:
630 ADAMS AVE 2
Parcel ID: 24 -37 -23 -CG -6-9
Respondent(s):
FGT MGT LLC
CASE NO. EN21-202
Date: 09/23/2021
PURSUANT to Section 82-221 of the Cape Canaveral Code of Ordinances, the undersigned Code
Enforcement Officer hereby gives notice of violation(s) of the International Property Maintenance
Code, 2018 Edition ("IPMC"), adopted by the City of Cape Canaveral Code of Ordinances, as more
specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure
the violation(s) described below is required to be performed within twenty (20) days of receipt of
this notice.
PLEASE BE ADVISED: It shall be unlawful for any person, corporation, or other entity to be in
violation of any provision of the IPMC. Violations shall constitute a public nuisance and shall
be deemed a strict liability offense. Your rights to appeal and applicable penalties are
described at the end of this Notice.
If the violation(s) is/are corrected within the time period required, the respondent(s) must
immediately notify the Code Enforcement Officer stated below and request an inspection to verify
compliance. The City may also conduct a re -inspection of the property to determine compliance
with this notice.
1. Property where violation(s) exit(s):
630 ADAMS AVE 2
CAPE CANAVERAL, FL 32920
THE
• Office Box 326 • Cape Canaveral FL 32920-0326 SPACC
100 Polk Avenue Post Offs p � BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
1,21,G1VV. P�1VL1-LVG
Page 2
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 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
Approved. Acceptable to the code official.
IPMC Section 604 Electrical Facilities Every occupied building shall be provided with an electrical
system in compliance with the requirements of this section and Section 605
THE
C I
100 Polk Avenue • Post Office Box 326 • Ca a Canaveral, FL 32920-0326 SPA
p BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
Fage 3
IPMC Section 604.3 Electrical System Hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate service,
improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation,
deterioration or damage, or for similar reasons, the code official shall require the defects to be
corrected or eliminate the hazard.
IPMC Section 605 Electrical Equipment
IPMC Section 605.1 Installation. Electrical equipment, wiring and appliances shall be properly
installed and maintained in a safe and approved manner.
VIOLATION: Electrical receptacles in kitchen area are not functioning. Intermittent power at one
receptacle in the bedroom. There is a breaker in the electrical panel in the off position. Engaging the
breaker had no effect on the referenced receptacles.
YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED _ABOVE WITHIN
TWENTY (20) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS:
1. The property owner shall correct the above discrepancies on the property, in accordance
with the property maintenance standards set forth in Sections 604.3 and 605.1.
Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-1220, Ext. 227 to
obtain important additional information regarding the permits that you may be required to obtain
from the City in order to remedy the Code violations or if you have any questions regarding this
Notice of Violation.
PURSUANT TO SECTIONS 82-221 AND SECTION 111 OF THE IPMC ("CODE"), YOU HAVE A RIGHT
TO APPEAL THIS NOTICE AND ORDER TO THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE,
PROVIDED THAT A WRITTEN APPLICATION FOR APPEAL IS FILED WITHIN 20 DAYS AFTER THE DATE
THIS NOTICE AND ORDER WAS SERVED ON YOU; OTHERWISE, THE RIGHT TO AN APPEAL HEARING
IS WAIVED. AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM THAT THE TRUE INTENT
OF THIS CODE OR THE RULES LEGALLY ADOPTED THEREUNDER HAVE BEEN INCORRECTLY
INTERPRETED, THE PROVISIONS OF THE CODE DO NOT FULLY APPLY, OR THE REQUIREMENTS OF
THE CODE ARE SATISFIED BY OTHER MEANS.
AN APPLICATION FOR APPEAL SHALL BE FILED WITH JOHN MAYBERRY, CODE ENFORCEMENT
OFFICER, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
IF AN APPEAL IS FILED, AN APPEAL HEARING WILL BE PUBLICLY NOTICED AND HELD WITHIN
THIRTY (30) DAYS OF FILING AN APPEAL OR AT SUCH OTHER TIME REQUIRED BY THE CITY
MANAGER. WRITTEN NOTICE OF THE DATE, TIME AND LOCATION OF THE APPEAL HEARING WILL
BE PROVIDED TO YOU.
THE
• Post Office Box 326 • Cape Canaveral, FL 32920-0326 SpAcr
100 Polk Avenue p BETWEEN*
Telephone (321) 868-1220 • Fax: (321) 868-1247
,-,a,%,. i4v. i:l�ci-cvc
Page 4
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 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.
hn Mayberry
Code Enforcement Officer
Certified Mailing Numbers:
7020 0090 0001 8344 1979
THE
100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 SPACE
p BETWEEN'
Telephone (321) 868-1220 - Fax: (321) 868-1247
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
1, John Mayberry, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that
I have posted the following Code Enforcement Notice:
Notice of Violation dated September 23, 2021
at the following address:
630 Adams Ave Apt 2
Cape Canaveral, FL 32920
on this 30' day of September 2021 and the required posting at
City Hall
100 Polk Avenue
Cape Canaveral, Florida 32920.
ode Enforcement Officer
State of Florida
County of Brevard
On this 30d' day of September 2021, John Mayberry, who is personally known to me, appeared
and did not take an oath.
E-rEW
PATRM W11 Ron+
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
www.cityofeapecanaveral.org
�OUNITEDSTAT�5
POSTAL SERVICE.
CAPE CANAVERAL
8700 ASTRONAUT BLVD
CAPE CANAVERAL, FL 32920-9998
(800)275-8777
09/23/2021 12:45 PM
----------------------------------
Product Qty Unit Price
Price
---------- ----
Prepaid Mail 1 $0.00
Towson, MD 2128f-.
Weight: 0 lb 0.,. oz
Acceptance Date:
Thu 09: z ,i 2021
Tracking #:
70200090000183441979
------------------------------------------
Grand Total: $0.00
----------------------------------------------
------------------------------
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City of Cape Canaveral
Community Development
RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
V.
Next Generation Real Estate Services LLC
1908 NW 4"' Ave Apt 112
Boca Raton, FL 33432
Respondent(s)
Location of the Violation:
202 Caroline St Apt 110
Cape Canaveral. FL 32920
PARCEL ID: 24-37-14-50-B-2.11
CASE No. EN21-224
DATE: April 5, 2022
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on April 26, 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 5th day of April 2022.
J n Ma bei
ode Enforcement `. }fficer
(321) 868-1220 ext. 227
Certified Mail:
7020 009 0001 8344 2112
THE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920-0326 S PA C I
p
Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
cc it l l,'
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 April 5, 2021
at the following address:
202 Caroline St. Apt 110
Cape Canaveral, FL 32920
on this 7' day of April, 2022 and the required posting at
City Hall
100 Polk Avenue
Cape Canaveral, Florida, 32920.
J hn Mayberry
Code Enforcement )fficer
State of Florida
County of Brevard
On this 71h day of April, 2022 John Mayberry appeared who is personally known to me and did
not take an oath.
Notary Public
ANNARYOUNG
AIYCOMMISSION 9 HH 161929
EXPIRES: August 5, 2025
eonded flw Notary Rft lMdawrRera
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
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UNITED STZ TES
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CAPE CANAVERAL
8700 ASTRONAUT BLVD
CAPE CANAVERAL, FL 32920-9998
(800)275-8777
04/05/2022 04:14 PM
-------------------------------------------
Product
- - ----------------
Product Qty Unit Price
Price
-------------------------------------------
Prepaid Mail 1 $0.00
Merritt Island, FL 32954
Weight: 0 lb 1.00 oz
Acceptance Date:
Tue 04/05/2022
Tracking #:
70200090000183442129
Prepaid Mail 1 $0.00
Boca Raton, FL 33432
Weight: 0 lb 0.90 oz
Acceptance Date:
Two 04/05/2022
Tracking #:
70200090000183442112
Prepaid Mail 1 $0.00
Towson, MD 21286
Weight: 0 lb 0.80 oz
Acceptance Date:
Two 04/05/2022
Tracking #:
70200090000183442136
: -----------------------------------------
Grand Total: $0.00
------------------------------------------
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UFN: 111335-0280
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Clerk: 11
.o
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:
202 CAROLINE ST APT 110
CAPE CANAVERAL, FL 32920
Parcel ID: 24-37-14-50-B-2.11
Respondent(s):
NEXT GENERATION REAL ESTATE SERVICES LLC
CASE NO. EN21-224
Date: 11/06/2021
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 ten (10) 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 required, the respondent(s) must immediately
notify the Code Enforcement Officer stated below and request an inspection to verify compliance.
The City may also conduct a re -inspection of the property to determine compliance with this notice.
1. Property where violation(s) exit(s):
202 CAROLINE ST 110
CAPE CANAVERAL, FL 32920
THE
• t Office Box 326 • Cape Canaveral FL 32920-0326
SPACC
100 Polk Avenue Post p � BETWEEN*
Telephone (321) 868-1220 • Fax: (321) 868-1247
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Page 2
2. Name and address of owner(s) of property where violation(s) exist:
NEXT GENERATION REAL ESTATE
SERVICES LLC
1908 NW 4TH AVE APT 112
BOCA RATON, FL 33432
A recent inspection of the subject property conducted by the City Code Enforcement Officer
revealed evidence that the property is in violation of City Code provisions. A summary of the
applicable City Code provisions and existing condition of the property is set forth below.
Applicable Codes and Violation Comments:
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 201 General
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building ...... are stated in
this code, they shall be construed as though they were followed by the words "or any part thereof."
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
THE
SPACL
BETWEEN'
Page 3
IPMC Section 202 General Definitions
Dwelling Unit. A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Imminent Danger. A condition that could cause serious or life threatening injury or death at any
time.
Openable Area. That part of a window, skylight or door that is available for unobstructed
ventilation and which opens directly to the outdoors.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
IPMC Section 304 Exterior Structure.
IPMC Section 304.1.1 Unsafe Conditions. The following conditions shall be determined as unsafe
and shall be repaired or replaced to comply to comply with the International Building Code or the
Existing Building Code as required for existing buildings.
IPMC Section 304.13 Window, skylight and door frames. Every window, skylight, door and frame
shall be kept in sound condition, good repair and weather tight.
IPMC Section 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.
VIOLATION: No glass in windows and they are covered by plywood.
IPMC Section 605 Electrical Equipment
IPMC Section 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running
through doors, windows or cabinets, or concealed within walls, floors, or ceilings.
VIOLATION: Tenant is receiving power via multiple extension cords from another apartment. Cords
are loosely connected and wrapped around stairwells creating a potential tripping hazard. Cords are
also lying in pools of rainwater resulting in further Imminent Danger to occupants of the building.
YOU ARE REQUIRED TO CORRECT THE VIOLATIONS_ DESCRIBED ABOVE WITHIN TEN
(10) DAYS OF RECEIPT OF THIS NOTICE ,AS FOLLOWS:
THE
CL
• Post Office Box 326 • Cape Canaveral FL 32920-0326 SrA
100 Polk Avenuep
Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
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Page 4
1. The property owner shall replace the broken windows on the property, in accordance with
the property maintenance standards set forth in Section(s) 304.13 and 304.13.2
2. The property owner shall remove the extension cords on the property in accordance with the
property maintenance standards set forth in Section(s) 605A
Please immediately contact Code Enforcement Officer, John Mayberry, at 321-868-122Q Ext. 227 to
obtain important additional information regarding the permits that you may be required to obtain
from the City in order to remedy the Code violations or if you have any questions regarding this
Notice of Violation.
PURSUANT TO SECTIONS 82-221 AND SECTION 111 OF THE IPMC ("CODE"), YOU HAVE A RIGHT
TO APPEAL THIS NOTICE AND ORDER TO THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE,
PROVIDED THAT A WRITTEN APPLICATION FOR APPEAL IS FILED WITHIN 20 DAYS AFTER THE DATE
THIS NOTICE AND ORDER WAS SERVED ON YOU; OTHERWISE, THE RIGHT TO AN APPEAL HEARING
IS WAIVED. AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM THAT THE TRUE INTENT
OF THIS CODE OR THE RULES LEGALLY ADOPTED THEREUNDER HAVE BEEN INCORRECTLY
INTERPRETED, THE PROVISIONS OF THE CODE DO NOT FULLY APPLY, OR THE REQUIREMENTS OF
THE CODE ARE SATISFIED BY OTHER MEANS.
AN APPLICATION FOR APPEAL SHALL BE FILED WITH JOHN MAYBERRY, CODE ENFORCEMENT
OFFICER, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
IF AN APPEAL IS FILED, AN APPEAL HEARING WILL BE PUBLICLY NOTICED AND HELD WITHIN
THIRTY (30) DAYS OF FILING AN APPEAL OR AT SUCH OTHER TIME REQUIRED BY THE CITY
MANAGER. WRITTEN NOTICE OF THE DATE, TIME AND LOCATION OF THE APPEAL HEARING WILL
BE PROVIDED TO YOU.
IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS STATED ABOVE WITHIN THE TIME
PRESCRIBED HEREIN, SECTION 109.5 OF THE IPMC PROVIDES THAT THE CITY MANAGER IS
AUTHORIZED TO EXPEND FUNDS IN THE PERFORMANCE OF EMERGENCY REPAIRS AND OTHER
REMEDIAL WORK REQUIRED OF THE CITY UNDER THIS CODE. IF EMERGENCY REPAIRS OR OTHER
REMEDIAL WORK IS PERFORMED BY THE CITY, ANY EXPENSES INCURRED BY THE CITY TO MAKE
SAID REPAIRS OR PERFORM SUCH WORK INCLUDING, BUT NOT LIMITED TO, CONTRACTOR AND
MATERIAL COSTS, ADMINISTRATIVE OVERHEAD, ATTORNEY'S FEES, AND OTHER RELATED COSTS
SHALL BE SUBJECT TO REIMBURSEMENT FROM THE PROPERTY OWNER OR THE PERSON CREATING
THE NEED FOR THE EMERGENCY REPAIR OR REMEDIAL WORK AND THE COST INCURRED BY THE
CITY MAY BE RECOVERED AND THE CITY MAY IMPOSE A LIEN UPON SAID PROPERTY FOR SAID
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
THE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE
BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
case No. EN11-114
Page 5
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.
I..
J n Mayberry
City of Cape Canaveral
Code Enforcement Officer
Certified Mailing Numbers:
7020 009000018344 2013
100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 - Fax: (321) 868-1247
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POSTALSERVICE.
CAPE CANAVERAL
8700 ASTRONAUT BLVD
CAPE CANAVERAL, FL 32920-9998
(800)275-8777
11/08/2021 12:56 PM
------------
Product Qty Unit Price
Price
Prepaid Mail 1 $0.00
Boca Raton, FL 33432
Weight: 0 lb 0.80 oz
Acceptance Date:
Mon 11/08/2021
Tracking #:
70200090000183442013
Grand Total: $0.00
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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 April 5, 2021
at the following address:
202 Caroline St. Apt 110
Cape Canaveral, FL 32920
on this 7d' day of April, 2022 and the required posting at
City Hall
100 Polk Avenue
Cape Canaveral, Florida, 32920.
J hn Mayberry
Code Enforcement Lcer
State of Florida
County of Brevard
On this 7' day of April, 2022 John Mayberry appeared who is personally known to me and did
not take an oath.
ANNA M. YOUNG
aWW ;�. :*_ MYCOMMISSION#HH161929
Notary Public V 4f �„ S'AU9W5.2025
Notary Public Underxvitm
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