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HomeMy WebLinkAboutcocc_special_mag_agenda_pkt_20220524CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET May 24, 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: June 28, 2022 2. Approval of Meeting Minutes: April 26, 2022 NEW CODE ENFORCEMENT CASES: None COMPLIANC�MASSEY HEARING) CODE ENFORCEMENT CASES: 1. Case No. 2021-204 — Violations of Section 302.1. Sanitation, International Property Maintenance Code; Section 302.4. Weeds, International Property Maintenance Code; Section 304.1. General, International Property Maintenance Code; Section 304.1.1. (4), (5), (6), (7),(12), International Property Maintenance Code; Section 304.2. Protective equipment, International Property Maintenance Code; Section 304.4. Structural members, International Property Maintenance Code; Section 304.6. Exterior walls, 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; Section 304.13. Window, skylight and door frames, International Property Maintenance Code; Section 304.13.1. Glazing, International Property Maintenance Code; Section 304.13.2. Openable windows, International Property Maintenance Code; Section 304.15. Doors, International Property Maintenance Code; Section 306.1. General, International Property Maintenance Code; Section 306.1.1 (2), (4) Unsafe conditions, International Property Maintenance Code; (630 Adams Ave) , FGT MGT LLC, property owner. APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE dPMQ: None OTHER SPECIAL MAGISTRATE_ RELATED BUSINESS: City of Cape Canaveral Special Magistrate Hearing Docket May 24, 2022 Page 2 RE QUEST FOR SATISFACTION RELEASE OR REDUCTION OF CODE ENFORCEMENT LIEN: 1. Case No. 2017-179 — Code Enforcement Board Order and Lien, dated August 7, 2018 and recorded at Official Record Book 8235, Page 2006. Violator: Oceanside Palms Condominium Association, Inc. Subject Property: 321 Johnson Avenue, Cape Canaveral, Florida, Parcel# 24-37-23-CG-00075.0-0001.XA. Applicant: Howard Pozanski, Esquire. ADJOURNMENT Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. However, requests for satisfaction, release and reduction of lien are handled pursuant to Section 2-260 of the City Code whereunder the special magistrate shall review and consider the application for reduction or release of lien in an advisory capacity and shall render a written recommendation to the city council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. 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 or applications for lien reduction or release 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, with the exception of applications for lien reduction or release which are non -final recommendations to the City Council, 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 COMPLIANCE (MASSEY) HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, a FGT MGT LLC 933 Ellendale Dr. Towson, MD 21286 Location of the Violation: 630 Adams Ave. Cape Canaveral, FL. 32920 CASE No. 21-204 DATE: 5/02/2022 A COMPLIANCE (MASSEY) HEARING will be conducted before the City of Cape Canaveral Special Magistrate on May 24, 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 Order Imposing Fine attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL 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. DAT this 2nd day f_May, 2022. r ChrirWobinson, Code Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7018 0680 0002 3250 9355 Ln Ln M Ir 0 Ln ti M, lu 0 0 0 0 co 0 CD a C3 r` U.S. Postal Service'"' CERTIFIED MAIL° RECEIPT Domestic Mail Only utty of tape uanaverai Community Development RE: AFFIDAVIT OF HAND -DELIVERY I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have hand -delivered the following Notice: Notice of Hearing dated 5/2/2022 to Lisa Taylor; at the following address: 630 Adams Ave, Cape Canaveral. Florida 32920 On the 16th day of May, 2022. and the required posting at C' Hall, 105 Polk Avenue, Cape Canaveral, Florida, 32920. Chris Robinson, Code Enforcement Officer State of Florida County of Brevard On this 16th day of May, 2022, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. ANNARYMO kli ]MYCOMMISSION INN 181928EXPIRES: Ault 5, 2025 p. -i", : BondedThNNWe1yPd*lhldlwnbM 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 W\\'\'1'.CIiVO1Cfll��l;fl11�1VC'1�� l)1'}_' THE SPACE BETWEEN' SPECIAL MAGISTRATE HEARING CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Case No.: 21-204 Complainant, V. FGT Management, LLC c/o Lisa Taylor 933 Ellendale Drive Towson, MD 21286, Respondent. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida on January 25, 2022 for consideration, after due and lawful notice to Respondent, FGT Management, LLC, c/o Lisa Taylor, 933 Ellendale Drive, Towson, MD 21286, regarding that certain apartment complex located at 630 Adams Ave., Cape Canaveral, FL 32920 (the "Subject Property") to determine whether the Subject Property is in violation of the City of Cape Canaveral Code of Ordinances. Having heard the arguments, evidence, and testimony presented, and having reviewed the record and being fully advised, the Special Magistrate issues the following Findings of Fact and Conclusions of Law, which are incorporated into this Order as set forth herein. FINDINGS OF FACT Based upon the evidence and testimony presented at this hearing, the Magistrate finds: 1. Respondent is the owner of the Subject Property. 1 1. The City inspected the Subject Property on September 28, 2021, and observed the following conditions: a. grass, particularly in the rear, was overgrown, in excess of 6" b. Two doors without knobs had wood across their front to secure them, thus creating a blighting condition; C. Several doors to apartments and a utility room were rotting and peeling from the bottom up and the door of Apartment 18 was moldy; place; d. Several windows throughout were missing glass and had plywood in their e. Window sills, wall, and support columns throughout the complex had major cracks in them, and rusted metal underneath, undermining their structural integrity; d. The soffit was missing on the east side of the roof, C. The northeast stairs were missing a light fixture and had bare wires exposed and the south side flood light was hanging off the wall with wires exposed; f. The second floor balcony ceiling has holes and water damage as well as ".-N"" ^n tw- A--11 � t... "" Jr -j - " g. Several window air conditioning units evidenced severe rust and some tenants informed the City they do not work; h. Stairs and balconies had concrete damage needing major repair. 2. On October 5, 2021, the City served a Notice of Violation on Respondent via United States Certified Mail at FGT's address in Towson, Maryland and demanded corrective actions to cure the violations within 30 days. 2 3. On November 10, 2021, Code Enforcement Officer Chris Robinson posted the Notice of Violation on the Subject Property and at Cape Canaveral City Hall. 4. The City made multiple site visits between September 30, 2021 and December 15, 2021, and observed no change in conditions. The City communicated with the property manager, Michele White, regarding the need to correct the violations. 5. On January 13, 2022, the City served a Corrected Notice of Hearing on Respondent via Certified Mail at both FGT's address in Towson, Maryland as well as at the Subject Property. In addition, on the same date, Code Enforcement Officer Chris Robinson posted the Notice of Hearing at the Subject Property and at Cape Canaveral City Hall. 6. As of the hearing date, Respondent had begun some repairs or replacement of doors and windows, and installed plywood boards over damaged balcony ceilings without removing the damage underneath. The Respondent had not fully addressed and corrected the conditions observed. The Property is in a blighting condition and is a danger and threat to the health, safety and welfare of the tenants residing there as well as the general public. CONCLUSIONS OF LAW 7. The City's service of the Notice of Violation and Notice of Hearing complied with the Section 2-253 of the City Code and Florida Statutes §§ 162.06 and 162.12. Respondent had a full and fair opportunity to appear and present evidence and testimony, but voluntarily chose not to do so. 8. Section 82-221 of the City Code adopted the International Property Maintenance Code, 2018 edition, as published by the International Code Council (the "IPMC"), by reference. 9. Respondent is in violation of IPMC Section 302. 1 ("Sanitation"), which states: "Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The 3 occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition." 10. Respondent is in violation of IPMC Section 302.4 ("Weeds"), which states: 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. 11. Respondent is in violation of IPMC Section 304.1 (Exterior Structure—General"), which states, "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." states: 12. Respondent is in violation of IPMC Section 304.1.1 ("Unsafe conditions"), which 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. Sidi4g and masonry joints including joints between the building envelope and the perimeter of windows [and] doors ... 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; 4 states: 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. Respondent is in violation of IPMC Section 304.2 ("Protective treatment"), which 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. 14. Respondent is in violation of IPMC Section 304.4 ("Structural members"), which states, "Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads." 15. Respondent is in violation of IPMC Section 304.5 ("Foundation walls' ), which states, "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." 14. Respondent is in violation of IPMC Section 304.6 ("Exterior walls"), which states, "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." 15. Respondent is in violation of IPMC Section 304.10 ("Stairways, decks, porches and balconies"), which states, "Every exterior stairway, deck, porch and balcony, and all appurtenances 5 attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads." 16. Respondent is in violation of IPMC Section 304.12 ("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." 17. Respondent is in violation of IPMC Section 304.13 ("Window, skylight and door frames"), which states in pertinent part, "Every window—door and frame shall be kept in sound condition, good repair and weather tight." 18. Respondent is violation of IPMC Section 304.13.1 ("Glazing"), which states, "Glazing materials shall be maintained free from cracks and holes." Respondent is in violation insofar as windows are missing and not maintained. 19. Respondent is in violation of IPMC Section 304.13.2 ("Openable windows"), which states, "Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware." 20. Respondent is in violation of IPMC Section 304.1 ("Doors"), which states, "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." 21. Respondent is in violation of IPMC Section 306.1 ("Component Serviceability), which states, "The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition." The rusty, inoperable air conditioning units violate this section. 22. Respondent is in violation of IPMC 306.1.1 ("Unsafe conditions"), which states: 31 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. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 1. To provide a full and fair opportunity to complete all of the extensive repairs identified above in accordance with the City Code, Respondent has until April 25, 2022, that is, 90 days from the date of the hearing, in which to correct all the violations set forth above. 2. Respondent must take the following actions: a. Mow and trim the overgrown weeds and grass to maintain no higher than 6 inches; b. Repair or replace all inoperable or damaged doors; 7 C. Repaint all surfaces that have peeling paint; d. Replace all missing or broken windows; e. Repair all cracks in windowsills, walls, and supportcolumns including replace rusted metal cornerbeads or other supporting components; f. Replace all missing soffits; g. Repair and replace all missing light fixtures that have exposed wires; h. Replace all rusty and/or inoperable air conditioning units; and i. Repair all balcony ceiling damage. 2. Respondent shall be responsible for providing notice to the City Code Enforcement Division of the Community Development Department that it has corrected the violations. 3. If Respondent fails to correct all violations within the time -period set forth in this Order, a Code Enforcement Officer shall schedule a compliance hearing before the Special Magistrate. 4. The City shall duly notify Respondent of the hearing in accordance with law and Respondent shall have an opportunity to appear and present testimony and evidence as to whether the violation is continuing on the Subject Property. 5. The Special Magistrate shall make a final determination whether compliance has occurred, and if compliance has not occurred, to impose fines. Upon a finding that the Subject Property remains in violation, the Special Magistrate shall issue a fine in an amount up to $250.00 per day for a first violation and up to $500 per day for each repeat violation, per violation, until the Respondent has corrected the violation. In addition, a fine may include any costs of repair incurred by the City as well as the City's enforcement costs. 8 6. Any fines which may be imposed may become alien in favor of the City on the Subject Property and upon any other real or personal property of the Respondent, pursuant to Section 2-252(e) of the City Code and Florida Statutes § 162.09(3). 7. 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 27th day of January. 2022. RICHARD S. GELLER Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by physical presence or online notarization on this an +11 day of J Q.n U ( 2022 by Richard S. Geller. Said person (check one) l/is personally known to me, produced a driver's license (issued by a state of the United States) as identification, or [I produced other identification, to wit: _ - _IQIIBERLYCHELE7iE - - fIYCOMMMIGN#08848184 (Affix Notary Seal) �„.a,,,,EWM-J13` i Notary Public - State of Florida � 0-- 9 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, FGT Management, LLC, c/o Lisa Taylor, 933 Ellendale Drive, Towson, MD 21286, on this _ _ . __ day of _ _ 2022. Code Enforcement Officer S:1RSGICLIENTS1Cape Canaveral, City OASpecial Magistrate Services C761 252711Hearings 20221Hearing - 0125 221FGT Management Lisa Taylor, 630 Adams Ave. -Rsg - 2 26 22.Doex 10 C3 N ti D, 0 Ln N M ru 0 0 0 0 CO ..D 0 CD 0 r% - Complete Complete Items 1, 2, and 3. Print your name and aqi TOmm 30 that we can return ithh�€cc attach this card to the back of the mallpiece, •r on the front if space permits ticle Addressed to: 1r U-11 B. Received tw Offinted IMWI" D. Is delivery address different from item 1? ❑ Yes If YE% enter delivery address below: 0 No iT MGT LLC 0 Lisa Taylor 3 Ellendale Dr. wson, MD 21286 3. Service Type 0 Priority Mall EVnss:' 1 t7 Adult Signature E3 Registered Mail lll�lllll I'll IIII' III I II I II IIII IIIIIII IIII III ❑ Adult Signature Restricted Delivery ❑ R F Mall i 9590 9402 6268 0274 4915 06 0 C �ed Mall �ivery Signature coordir . le Number (Transfer from service labe4 ❑ collect on Delivery Restricted Delivery Restricted Deliv-- ' 018 0680 0002 3250 9270 Mail MailRestricted oerivery _d PS Folin 3811, July 2020 PSN 7530-02-000-90531/30 Il1j4M,5 Domestic Return Receipt C APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION, RELEASE OR REDUCTION OF A CODE ENFORCEMENT LIEN Where a certified copy of a Code Enforcement Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance, an applicant may make full payment of the lien amount to the City and the City Manager shall execute and record a lien satisfaction without requiring the application specified below. Further, if the City has determined a lien has been recorded in error, the City Manager is authorized to release the lien recorded in error without requiring an application. However, in all other cases when an applicant is requesting a release or reduction of a lien, the applicant must submit the request, in writing, on the application form provided by the City of Cape Canaveral, and comply with the following procedures as more specifically set forth in Chapter 2, Article VI, Division 3 of the City Code: 1. A complete application must be submitted at least thirty (30) days prior to the next available Special Magistrate Hearing. The application shall be executed under oath and sworn to in the presence of a notary public, and include all documentation required by City Code. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable, without regard for the final determination of the request. 3. If the applicant requesting the release or reduction of the lien is not the current property owner or the successor and assign of the owner, a notarized statement designating the individual(s) to represent the property owner, or the successor and assign must be submitted with the application. 4. Once the completed application has been reviewed and approved by city staff for completeness, and Code Enforcement has confirmed that the violation in the Order has been corrected and there are no current violations(s) upon the subject property, the application will be scheduled for consideration at the first available Special Magistrate Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that the applicant and/or thea lic 's duly authorized representative be present at the hearing. Please initial here: 5. The request will be presented to the Special Magistrate Hearing and the Magistrate will review and consider the application for reduction or release of lien, provide the applicant with an opportunity to address the Magistrate regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. 6. Upon review of the application and any testimony presented, the Special Magistrate shall render a written recommendation to the City Council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. The City Council shall then consider the application, give considerable weight to the written recommendation of the Special Magistrate and consider any additional and necessarily relevant information or testimony provided to the City Council and render a final decision on the application at the next available City Council meeting. 7. Unless otherwise agreed to by the City Council, the applicant shall have thirty (30) days in which to comply with the final decision of the City Council. Failure of the applicant to comply, will result in the automatic denial of the application and thereafter the applicant shall not be allowed to apply for a subsequent release or reduction of the lien for a period of one (1) year from the date of the City Council's decision. During that period the lien may only be satisfied and released upon full payment of the lien. 8. If the applicant sells or transfers the property to another entity between the time the application is filed and a final decision is rendered by the City Council, the applicant must notify the City immediately by contacting the Code Enforcement Department. Such sale or transfer may require an amendment to the application. 9. A lien runs in favor of the City Council, and whether or not to approve a release or reduction is a discretionary decision by the City Council. However, as applicable, the City will apply the following factors when determining the amount of any reduction or release: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board (including special magistrate) or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property, (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. The undersigned hereby acknowledges and was prepared administratively by city staff i convenience. Applicants shoul d 2, Article VI, Division 3 of the Signature of Applicant: I- " I P, Aft-a.� Fd ands that the above outlined procedure ed to be a summary for the applicant's Code including, but not limited to, Chapter licable provisions of law. Date: O9/11 I k CITY OF CAPE CANAVERAL APPLICATION FOR RELEASE OR REDUCTION OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE # "' APPLICATION FEE: $100.00 APPLICANT: jewc%x& eoZha,nsl�; . Esr;ui�C, DATE ADDRESS: t.Q. 9.hi.ori CITY: Cotc"X Cr.#k STATE: FL zip: '33 04'a - EMAIL i -weo e►.nsk: &Lti�so�.aA.. r► PHONE: CC bl l ' la ILI NATURE OF VIOLATION(S): EcA #$Avrfflalxima IS THE APPLICANT THE VIOLATOR: YES:O NO I$ ADDRESS OF PROPERTY SUBJECT TO LIEN: PARCEL ID:-.Zq-3:1r-aa - CCr- QO C', a-004 1S THE APPLICANT THE OWNER OF THE SUBJECT PROPERTY: YES:O NOIR If NO, and the Applicant is a duly designated representative authorized to act on the property owner's behalf, ATTACH power of attorney or agent designation duly executed by the property owner. If NO, and the Applicant is not a duly designated representative, provide the Applicant's statement of interest in the subject property and lien: AMOUNT OF LIEN (TOTAL): t ,'.Q DATE FINEAIEN FILED: Rec r -evilplabit COMPLIANCE DATE: A COPY OF THE RECORDED LIEN MUST BE ATTACHED- CONFRIM: YESS NO 13 RELIEF REQUESTEDXRELEASE)�IREDUCTION IF REDUCTION, THE APPLICANT PROPOSES $; 600. SAS THE AMOUNT OF THE REDUCED FINE, AND THE FOLLOWING TERMS AND CONDITIONS TO PAY THE LIEN: .J r 5 ARE THERE ANY OTHER PENDING CITY CODE ENFORCEMENT CASES OR VIOLATIONS PENDING REGARDING THE SUBJECT PROPERTY: YES:❑ NOX If YES, provide case number(s) and information: THE FACTUAL BASIS UPON WHICH THE APPLICANT BELIEVES THIS APPLICATION SHOULD BE GRANTED. (refer to and address any applicable factors stated in Sec. 2-260(e) of the City Code - attach if more space needed). -,eg- "A g4"J. THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING JMPOSED AND RECORDED: (attach if more space needed) CITY CODE REQUIRES THAT THE APPLICANT VERIFY WHETHER THE APPLICANT WAS ISSUED ANY TITLE POLICY OR POLICIES (OR TITLE COMMITMENT IF TITLE POLICY IS PENDING AND APPLICABLE) FOR THE SUBJECT PROPERTY ENCUMBERED BY THE LIEN AFTER THE DATE THE LIEN WAS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. IF SUCH A POLICY OR POLICIES WERE ISSUED TO THE APPLICANT, A COPY OF ANY SUCH TITLE POLICY SHALL BE SUBMITTED WITH THE APPLICATION. APPLICANT HEREBY REPRESENTS AND VERIFIES THAT SUCH TITLE POLICY OR COMMITMENT HAS BEEN ISSUED: YESXNO ❑ If YES, ATTACH TITLE POLICY OR TITLE COMMITMENT. If NO, and the Applicant acquired or sold the subject property after the lien was recorded, explain why a title commitment or policy was not issued: "%\'%'S- ' t 1�0� G�Q4�rcaL�Q `11 i awaar ouk".OA -Vp �'r0(���-�-( {v"r A0 4ka I:�.� C>lK� CM au os �0 Owsn i O ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR RELEASE OF LIEN: (refer to and address any applicable factors stated in Sec. 2-2E0(e) of Ihe City Code. If more space is needed add more Dacies) K4!u so v.& -q .& Ajl. LwIlc L,4 o(PtpnA wL.1� �r �"q,� F,.� � ct�cec,�,,p�l [fes v� a.,'�o�;�a��►. THE APPLICANT CONFIRMS THAT THEY HAVE RECEIVED, READ AND UNDERSTAND THE ADMINISTRATIVE SUMMARY OF THE PROCEDURES FOR APPLYING FOR A SATISFACTION, RELEASE OR REDUCTION OF A CODE ENFORCEMENT LIEN PROVIDED TO THE APPLICANT BY THE CITY IN CONJUNCTION WITH THIS APPLICATION: YES:❑ NO ❑ THE APPLICANT HEREBY REPRESENTS TO THE CITY OF CAPE CANAVERAL AND AGREES THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND CORRECT TO THE BEST OF APPLICANT'S KNOWLEDGE AND THAT THE CITY OF CAPE CANAVERAL SHALL HAVE THE RIGHT TO RELY ON THE APPLICATION AND THE INFORMATION CONTAINED HEREIN. FURTHER, APPLICANT AGREES THAT APPLICANT SHALL HAVE AN AFFIRMATIVE AND CONTINUOUS OBLIGATION TO TIMELY CORRECT OR UPDATE THE INFORMATION CONTAINED IN THIS APPLICATION IF ANY OF THE INFORMATION CONTAINED HEREIN HAS MATERIALLY CHANGED OR LATER DEEMED INCORRECT BY THE CITY OR APPLICANT PRIOR TO THE TIME THAT EITHER THE SPECIAL MAGISTRATE OR CMP O DE N: SIGNAT RE DATE STATE OF r-jCe- 1 nA COUNTY OF��'jAg > _ BEFORE ME the undersigned authority did personally appea Wells by means of Vl� physical presence or ❑ online notarization, who provided as identification, and who after being placed under oath, swore or affirmed the information contained within this a lication is true an o reef. �;.. �acHL.wwoERs Notary Publi . -T FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON CODE COMPLIANCE CONFIRMED ON RECOMMENDATION OF THE SPECIAL MAGISTRATE ON: CIAPPROVE; ODENY;13APPROVE WITH THE FOLLOWING CONDITIONS: DECISION OF THE CITY COUNCIL ON: 13APPROVE; ❑DENY; OAPPROVE WITH THE FOLLOWING CONDITIONS: OTHER: CFN 018180488, OR BK 8235 Page 2006, Recorded 08/10/2018 at 02:23 PM, Scott Ellis, Clerk of Courts, Brevard County CODE ENFORCEMENT BOARD CffYY OF CAPE CANAVERAL, FLORIDA z THE CITY OF CAPE CANAVERAL, v A Florida municipal corporation, a j d Complainant, UY5 G V. iw a U w �g o- ¢ Oceanside Palms Condominium - U v Association Inc. C/O Wells Jeffery W - _ R -A -~ - - - Respondents, i Subject Property: 321 Johnson Avenue. Cape Canaveral, Florida 32920 Parcel number: 24-37-23-CG=00075.0-000I.XA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST VIOLATION) Case # 17-179 THIS CAUSE came before the Code Enforcement Board ("Board") of the City of Cape Canaveral, Florida, on July 19, 2018 for consideration, after due notice to Respondent, to determine whether any'violad6ns of the City of Cape Canaveral Code of Ordinances ("City Code l exist or existed on the Subject Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. - - - - Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, thb Code Enforcement Board finds: I. That Respondent was provided a Notice of Violation in accordance with the City Code and consistent with sections 162 06 and 162.12, Florida Statutes 2. That violations of the following sections exist or existed upon the Subject Property and thai Respondent was further provided a reasonable time to correct said violation(s): Sections 34- 96(b)&(d) Standards established, of the City of Cape Canaveral Code of Ordinances; Sectibn 165.1 Required ofthe Florida BuiIding Code (as adopted by Section 82-31, City Code).; Section 110.1 General, ofthe Florida Building Code (as adopted by Section 82-31, City Code). Section,303.7 Roofs and drainage, of the International Property Maintenance Code (as adopted by Section 82-221, of the City.of Cape Canaveral Code of Ordinances). r 0 OR EI: 8235 PG 2007 Case # 17-179 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation. 4. That the Respondent was provided a Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes, and was present at the hearing. Jeffrey W. Wells provided sworn testimony oii behalf of the Respondent. 5. That, based bn the testimony and evidence presented, Respondent has violated the City Codd, to wit- Section 34-96 (b)&(d)Standards established, of the City of Cape Canaveral Code of Ordinances. Section 105.1 Required; Section 110.1 General, of the Florida Building Code as adopted by Section 82-31: Section 303.7 Roofs and drainage, of the International Property Maintenance Code as adoptedby Section 82-22I,,of the City of CaimCanaveral Code of Ordinances. 6. That said violation(s) exists) or existed within.the City of Cape Canaveral and that such — -- constitute(s)violation(s) of the City Code.- BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent shall correct the violations of the City Code upon the Subject Property immediately. A fine shall be entered immediately in the amount of one hundred dollars ($100.00) for the lust day and seventy five dollars ($75.00) per day thereafter until -the violation is corrected and full compliance is confirmed by.the Code Enforcement, Officer. Respondents) shall be responsible to, protide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly either. file a Notice of Compliance or notify the Code Enforcement Board or secretary such that the matter is scheduled fer hearing, relative to compliance, before the board in a reasonable amount oftime; 2. The Clerk of the Code Enforcement Board is'hereby directed to record a certified copy, of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against theTroperty and any other real or pefsonal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondents) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500 00) per- day for each repeat violation, beginning on the first bay the repeat violahon(s) is f are found to exist. 4. The Code Enforcement Board hereby reserves, the right to take further necessary action against the Respondent(s) tp enforce this Order in accordance with Section 162 09, Florida Statutes,,and City ofCape-Canaveia1 Cod"e; Chapter 2, Article VI. M L ANA. fat Ca Canaveral,Florida this da of t 2018 nunc ro CERTIF ,_ Q� I 1Y ____�� P �c 4o July 7 9,.2018 inr! STATE OF FLORIDA [OUNTY,OE e1tEVARD CITY OF C!V#,AN-`'s CODE ENFORCEMENT B 'INIERIt1�' r'. -1{ ', • OARD OF THE "'"' CITY OF CAPE CANAVERAL, FLORIDA 7N CaPi o Order41►'C4� ys • . � s,Wi'a_ lid t plreesce�r of tate CiW3 rettttrd Mary R s ' 1, Chairperson By my hand and tbe`o1 ol�t. ddw C y of Cape Coneveral on thkdw of r Page 2 of 3 OR BK 8235 PG 2008 Case # 17479 Copies furnished to: CERTIFIED MAIL 7,017 1450 0001 2238 7154 Oceanside Pahns Condomimum Association, Inc. C/O Wells, Jeffery W R.A. 211 Caroline St. Office Cape Canaveral, Fl. 32920 I hereby �dertify that a true and correct copy of the above and foregoing Fmdings of Fact, Conclusions of Law, and Order (First Penalty) has been furnished by,cerdfigd. mail -to the Respondent(s) and/or Respondeni's authorized representative on this day o',igLLd_ 0r8. Clerk to the Code Enforcement Board %, Inge 3 of 3 HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: hgmrardwpoznanskiC7g.,bellsouth.net Admitted to practice in Florida, Colorado & Washington, AC Mr. Jeffery W. Wells Manager, Oceanside Palms, LLC 211 Caroline Street - Office Cape Canaveral, Florida 32920 RE: City -of Cape Canaveral Application for Release or Redu( fon 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 To: City of Cape Canaveral: Please be advised that I authorize Howard Poznanski, Esquire to file the above referenced application for release or reduction of code enforcement lien and represent the interests of Oceanside Palms, LLC and Ocyaasioe Palms Condominium Association, Inc. JE W. WELLS Dated >Iknager of Oceanside Palms, LLC and$''' Oceanside Palms Condominium Association, Inc. HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: howardwpomanski@bellsouth.net Admitted to practice in Florida, Colorado & Washington, D.C. April 11, 2022 The City of Cape Canaveral Att: Release / Reduction of Code Enforcement Lien 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 RE: Cfty of Coe Canaveral Application for Release or Reduction 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 Dear Special Magistrate: The City of Cape Canaveral lien arises from Code Enforcement Case Number 17-179. The code enforcement issue arose after Hurricane Irma in 2017. After Hurricane Irma hit, a flurry of work activity commenced. The owner of the real property, Oceanside Palms, LLC ("Oceanside"), even filed suit against The City of Cape Canaveral, Brevard County Circuit Court Case Number 05 -2018 -CA -052741, because of believed overreach following the hurricane. It should be noted, however, that this lawsuit, together with two others filed by its principal, has since been amicably resolved with a payment of Fifty Thousand ($50,000.00) Dollars to The City of Cape Canaveral. A formal settlement agreement was entered into and since satisfied. This outstanding lien is the only open matter that presently exists between the parties. As codified in the aforesaid settlement agreement, the lien specifically revolves around permit number 18-1580. While the lien appears to have reached the amount of $75,175.00 following the permit being finaled on April 16, 2021, it appears the work concluded well before same. Reviewing the permit history, the permit was issued on August 6, 2018, Exhibit "1" attached. Thereafter, on February 19, 2019, all inspections were scheduled, Exhibit "2." It is unknown whether Oceanside dropped the ball or there was a glitch within The City of Cape Canaveral. The internal permit documentation of The City of Cape Canaveral does not reflect what transpired, Exhibit "3", other than noting a conversion error. The inspections, however, were scheduled dating back to February 19, 2019. As soon as Oceanside learned that it was still accruing a daily per diem fine for the unresolved permit, an inspection was again called in and, this time, completed with final approval. Between February 19, 2019, if not before, to April 16, 2021, Oceanside did no further work on the property in connection with the permit other than closing it out. The City of Cape Canaveral has a history of reducing liens. With the understanding that Oceanside has already paid $50,000.00 to settle its lawsuit, with two others, Oceanside does request, if not an outright release of the lien, a considerable lien reduction. As the Former Mayor of The City of Cape Canaveral stated, The Honorable Rocky Randels, "[T]he City desires for compliance rather than taking peoples money." See, Cily Council Regular Meeting Minutes, October 21, 2014. As of November 18, 2021, according to Brian Palmer, Senior Code Enforcement Officer of The City of Cape Canaveral, there have been 5 lien reduction hearings, "Two by the Code Board and three by the City Council", to wit: July 20, 2021, re Case No. 16-101: August 18, 2020, re Case No. 18-183: March 2019, re lien BK 8354, PG 2911 February 22, 2018, re Case No. 2010-124: February 23, 2017, re Case No. 2014-42: $26,883.00 reduction to $19,383.00 $47,425.00 reduction to $24,000.00 $25,000.00 agreed amount $82,050.00 reduction to $2,000.00 $70,000.00 reduction to $2,047.00 There is other precedent of reduced lien, such as Case Number 12-00082 (September 22, 2015 Minutes) that was reduced from $92,850.00 to $10,000.00, and Case Number 11-00040 (March 17, 2015 Minutes) that was reduced from $77,850.00 to $10,000.00. Of course, Oceanside would request that its lien be zeroed out and it be released, however, in the alternative, a considerable reduction is not unwarranted. Notwithstanding the adversarial circumstances that immediately followed Hurricane Irma, Oceanside (through its principal, together with two other entities), has already paid a considerable price in settling pending litigation. Herein, Oceanside did obtain a permit, did complete the work and, it simply appears that through a glitch in the system, the final work simply remained uninspected and unfinale�/ a release of lien or, in the alternative, a considerable lien reduction Respe EXHIBIT "1" 4/5/22,11:28 AM Permit - Commercial Plumbing Details I City of Cape Canaveral I BS&A Online Permit Details: P18-1580 Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 j Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 4 Inspection(s) Found https:/Ibsaonline.com/C D_PropertySearchDetaiIs/PropertyRecord Details?Record Key=16e3b9bl -e8l 6-4123-9238-aab100e5eO8l &Record KeyType=3... 1/2 Amount Due Permit Information - — Permit - Commercial Plumbing Total $0.00 Number P18-1580_ Category Commercial Plumbing_ _ - Coercial Plumbing Type mm Status FINALED Applied Date __ 07/11/2018 Expire Date 10/13/2021 Issue Date 08/06/2018 Finaled Date_ 04/16/2021 _ Work Description DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET Stipulations N o Data to Display— _ Project No Data to Display Go to project Process Step Information Step Number Step Display Name Status Date Step Started Date Step Completed Date Step Due No records to display. Document Summary [Expand All] Document Review Status Date Received Date Completed Title No records to display. Review Comments/Concerns Show All [Collapse All] Title Type Comment Type Corrected Date Found Date Corrected Process Step Review No records to display. Inspection Information Inspection Type Inspector Status Scheduled Date Completed Date Result Ins Scheduled 2/19/2019 - — - View — --- ' Pf Scheduled 2/19/2019 j View -- Fn Scheduled 2/19/2019 FINAL - PLUMBING Richard Mihalich Completed 4/16/2021 4/16/2021 Approved View Fees & Payments Date Action Qty Description Billed Paid j Standard Item: Expired Permit1 $110.00 4/12/2021 Invoice Item :' i 1.00 (Invoice Number: 08595490) 1 7/23/2018 Invoice Item ! Fee Based: Plan Review Income 60.00 $30.00 (Invoice Number. 0007165317) 7/23/2018 Invoice Item Standard: 2.5 Percent 90.00 I $4.00 j (Invoice Number. 0007165317) $60.00 i-` Project Cost Based: ValD 7/23/2018 + Invoice Item i 900.0 (Invoice Number: 0007165317) I 7/23/2018 ;Invoice Item1.00 Standard: Permit App fee $30.00 https:/Ibsaonline.com/C D_PropertySearchDetaiIs/PropertyRecord Details?Record Key=16e3b9bl -e8l 6-4123-9238-aab100e5eO8l &Record KeyType=3... 1/2 4/5/22, 11:28 AM Permit - Commercial Plumbing Details City of Cape Canaveral BS&A Online (Invoice Number. 0007165317) 4/12/2021 4 Transaction j Transaction Number: 08594230 1; $110.00 — 8/6/2018 j Transaction Transaction Number: 0007165317 �� i $124.00 Attachments )ate Created Title Vo records to display. Contractor Information Address Wells Boys Building & Construction LLC 211 CAROLINE ST _ Cape Canaveral, FL 32920 PhoneNo Data to Display _ Fax No Data to Mobile_ No Data to Display Other Phone No Data to Applicant Information Address Jeffery Wells, R.A. 211 CAROLINE ST _ Caere Canaveral, FL 32920 Phone No Data to Display Fax No Data to Dip to Mobile No Data to Display Other Phone No Data to Display Owner Information Address Oceanside Palms LLC 211 CAROLINE ST _ _ Cape Canaer val, FL 32920 Pho_neNo Data toDis lay Fax No Data to D4play Mobile _ No Data to DisP-Laz_ Other Phone No Data to Displax Licensee Information Address Jeffrey W Wells. R.A. 211 CAROLINE ST Cape CanaveraliFL 32920 Phone No Data to Display Fax No Data to Display Mobile No Data to Disp a her Phone No Data to Delay Construction Details Construction Value 900.00 **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright © 2022 BS&A Software. Inc. hftps://bsaon li ne.com/CD_PropertySearchDetails/PropertyRecordDetails?Record Key=16e3b9b 1-e8l 6-4123-9238-aab100e5eO8l &RecordKeyType=3... 2/2 EXHIBIT "2" 4/5122,11:28 AM Permit - Commercial Plumbing Details I City of Cape Canaveral I BS&A Online httpsJ/b Permit Details: P18-1580 Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 1 Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 4 Inspection(s) Found Permit Information Number P18-1580 Category Commercial Plumbing Type -- Plumbing Status FINALED _Commercial Applied Date 07/11/2018 —_ Expire Date 10/13/2021 Issue Date 08/06/2018 Finaled Date 04/16/2021 Work Description —� DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET Stipulations_ No Dato to Display Fn Proiect — No Data to Disp/q UIeW - Go to project Amount Due Permit - Commercial Plumbing Total $0.00 1 Process Step Information Step Number Step Display Name Status Date Step Started Date Step Completed Date Step Due No records to display. Document Summary Document Review Status Date Received Date Completed Title No records to display. Review Comments/Concerns Show All Title Type Comment Type No records to display. Inspection Information [Expand All) [Collapse All] Corrected Date Found Date Corrected Process Step Review Inspection Type Inspector Status Scheduled Date Completed Date Result Ins Scheduled 2/19/2019 View 4/12/2021 r---- 1.00 I Standard Item: Expired Permit Pf ! Scheduled 2/19/2019 i View Fn I Scheduled 2/19/2019 UIeW - FINAL - PLUMBING Richard Mihalich - Completed 4/16/2021 4/16/2021 Approved View Fees & Payments Date Action Qty Description Billed Paid 4/12/2021 Invoice Item 1.00 I Standard Item: Expired Permit 4110.00 (Invoice Number. 08595490) ! Fee Based: Plan Review Income s3o.oc 7/23/2018 Invoice Item 60.00 I (Invoice Number. 0007165317) 7/23/2018 Invoice Item 90.00 ;Standard: 2.5 Percent $4.00 (Invoice Number. 0007165317) 7/23/2018 Invoice Item Project Cost Based: Val 900.00 i $60.00 i I (Invoice Number. 0007165317) 7/23/2018 Invoice Item 1.00 I Standard: Permit App fee $30.00 1 3aonline.com/CD—PropertySearchDetails/PropertyRecordDetaiIs?Record Key=l6e3b9b1-e816-4123-9238-aab100e5eO8l &RecordKayType=3.. EXHIBIT r63"' 4/5/22, 11:31 AM Inspection Details I City of Cape Canaveral I BS&A Online Inspection Details: Fn Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 1 Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 0 Violation(s) Found Inspection Information Amount Due Permit - Commercial Plumbing Total $0.00 Ins ection T e Fn Status Scheduled -- .P...._.._....... -. -P Inspector No Data to Dis la Result No Data to Display Scheduled Date 02/19/2019 Completed Date No Data to Display Comment(s) Conversion Comment Step Type: FN BP_Master _ID: 0007165317 Comment Text: DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET BP_Master_Step-ID: 0007165325 Required: False order -Number. 3 Completed -By -Applicant: False Length _Hours: 0.00 Required -Date: Required Time: Scheduled -Date: Actual -Date: Actual -Time: Scheduled -Time: Last Date: 2/19/2019 12:00:00 AM Last -Time: 42282 Last_User. k.hutchinson Last_Func: p-bp102as-BP_Master-Maintenance ApprovaLStatus: Pending Internal_Step: False Schedule -Person: Failed -BP Master Step_ID: Actual -Length Hours: 0.00 SourceQuery: SELECT * FROM PUB_BP Master_Step Associated Record Information Record Type Permit - Commercial PlumbingRecord Number P1 -1 o Status �_ FINALED Date Issued/Filed 08/06/2018 Attachments Date Created No records to display. Title —Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright O 2022 BS&A Software, Inc. https://bsaon li ne.com/CD_PropertySearchDetails/PropertyRecordDeta ils?ReoordKey=5bb8afe6-c9ce-4cfe-9fee-aab l00e5edf5&RecordKeyType=11 &... 1/1 4/5/22, 11:32 AM Inspection Details I City of Cape Canaveral I BS&A Online Inspection Details: Pf Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 1 Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 0 Violation(s) Found Inspection Information Amount Due Permit - Commercial Plumbing Total $0.00 Inspection Type Pf Status Scheduled _ Inspector No Data t22,2s lay Result No Data to Display Scheduled Date 02/19/2019 Completed Date_ No Data to Dispfoy Comment(s) Conversion Comment Step_Type: PF BP -Master -ID: 0007165317 Comment_Text: BP Master_Step_ID: 0007165356 Required: False Order -Number. 2 Completed -By -Applicant: False Length Hours: 0.00 Required -Date: Required -Time: Scheduled -Date: Actual Date: Actual Time: Scheduled -Time: Last Date: 2/19/2019 12:00:00 AM Last -Time: 42282 Last -User. k.hutchinson Last_Func: p-bp102as-BP_Master- Maintenance Approval -Status: Pending Internal Step: False Schedule -Person: Failed BP_Master_Step_ID: Actual -Length -Hours: 0.00 SourceQuery: SELECT * FROM PUB_BP_Master Step Associated Record Information Record Type _ Permit - Commercial Plumbing Record Number P18-1580 Status FINALED Date Issued/Filed 08/06/2018 Attachments Date Created Title No records to display. **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright © 2022 BS&A Software Inc https://bsaon line.com/CD_PropertySearch Details/PropertyRecordDetaiIs?RecordKey=dbc46f58-b414-43c9-8c50-aab100e5edf5&RecordKeyType=11... 1 /1 4/5/22, 11:33 AM Inspection Details I City of Cape Canaveral I BS&A Online Inspection Details: Ins Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 1 Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 0 Violation(&) Found Inspection Information Amount Due Permit - Commercial Plumbing Total $0.00 In pection Type Ins Status Scheduled Inspector No Data to Displace Result - No Data to Di la Scheduled Date 02/19/2019 Completed Date No Data to Display Comment(s) Conversion Comment Step Type: INS BP -Master -ID: 0007165317 Comment Text: BP_Master_Step ID: 0007165354 Required: False order -Number. 1 Completed -By -Applicant: False Length -Hours: 0.00 Required -Date: Required -Time: Scheduled -Date. Actual -Date: Actual Time: Scheduled Time: Last -Date: 2/19/2019 12:00:00 AM Last Time: 42282 Last_User. k.hutchinson Last_Func: p-bp102as-BP Master - Maintenance Approval -Status: Pending Internal -Step: False Schedule_Person: Failed BP_Master_Step_ID: Actual -Length -Hours: 0.00 SourceQuery: SELECT * FROM PUB -BP -Master -Step Associated Record Information Record T�rpe Permit - Commercial Plumbing Record Number P18-1580 Status FINALED Date issued/Filed 08/06/2018 Attachments Date Created No records to display. -Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright O 2022 BS&A Software. Inc https://bsaonline.com/CD_PropertySearchDetaiIs/PropertyRecord Details?RecordKey=1 f7b445a-ae48-47a 1-89ba-aab 100e5edf5&Record KeyType=11... 1/1 HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: howardwpoznanski@bellsouth.net Admitted to practice in Florida, Colorado & Washington, D. C. April 11, 2022 The City of Cape Canaveral Att: Release / Reduction of Code Enforcement Lien 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 RE: City of Cane Canaveral A�Vnlication for Release or Reduction 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 To: City of Cape Canaveral: Enclosed herewith please find the application of Oceanside Palms, et. al.'s City of Cape Canaveral Application for Release or Reduction of Code Enforcement Lien; signed Applicant Procedures for Applying for a Satisfaction, Release, or Reduction of Code Enforcement Lien, and my check payable to the City of Cape Canaveral in the amount of $100.00 representing the application fee. Your courtesy,,�fi'd attention to the matters contained herein is requested. I look for,oVdy,drsonand scheduling of the Special Magistrate Hearing. 7Ve enclos" HWP/mp CITY OF CAPE CANAVERAL 100 POLK AVE. CAPE CANAVERAL, FL 32920 (321)868-1220 Received Of: HOWARD POZNANSKI ESQ The sum of: $100.00 CE-APPFE CODE ENFORCEMENT APPFE UCEIPT 04/13/202214:54 Number: 75125 Cashier: a.young $100.00 Total $100.00 Remaining Balance: $0.00 TENDERED: CHECK 5137 $100.00 CA &#- Ab- t i-tv9 HOWARD POZNANSKI, ESQ p i { f PA BOX 970094 �d l�Ql FQr PL[•�l%te COCONUT CREEK, FL 33097 i PAY TO THE ORDER OF TRUIST HI je 8"ThlYrul�c POR C)[.L�- 5137 63 2631 DATE r� � 41,���� $ loo DOLLARS -- ��' f 11500005137,1' 1:263i9i387l:Li000L9459258ii' 6