HomeMy WebLinkAboutcocc_special_mag_agenda_pkt_CITY OF CAPE CANAVERAL
SPECIAL MAGISTRATE
CODE ENFORCEMENT MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
HEARING DOCKET
August 23, 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: September 27, 2022
2. Approval of Meeting Minutes: June 28, 2022
NEW CODE ENFORCEMENT CASES:
1. Case No. 2022-043 — Violations of Section 69A-43.018 (3) (a, b, c), (7), (8), (9), (10) (c), Florida
Fire Prevention Code; (336 Harbor Dr.), Daniel and Katherine Sharpe, property owner.
COMPLIANCE (MASSEY HEARING) CODE ENFORCEMENT CASES:
None
APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC]:
None
OTHER SPECIAL MAGISTRATE RELATED BUSINESS:
0. re
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
City of Cape Canaveral
Special Magistrate
Hearing Docket
August 23, 2022
Page 2
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.
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
V.
City of Cape Canaveral
Community Development
Daniel W Sharpe, Katherine A Sharpe
336 Harbor Dr.
Cape Canaveral, FL. 32920
RE: NOTICE OF HEARING
Location of the Violation: 336 Harbor Dr. Ave. Cape Canaveral, FL. 32920
CASE No. 22-043
DATE: 8/1/2022
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on August 23, 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.
DDATEthis 1 st day of ALgust 2022.
c
Chris Robinson, Code Enforcement Officer
321-868-1220 Ext. 116
Certified Mail: 7018 0680 0002 3250 9423
CC: Coastal Life Properties
CO Beth Gambrell R.A.
120 N Plumosa St.
Merritt Island, FL. 32953
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Hearing dated 8/1/2022
at the following address:
336 harbor Dr. Cape Canaveral, FL 32920
on this 1st day of August 2022 and the required posting at City Hall, 100 Polk Avenue, Cape
Cana to ' 2920.
Chris Robinson, Code Enforcement Officer
State of Florida
County of Brevard
On this 1 st day of August, 2022, Chris Robinson, personally appeared, who is personally known to
me and did not take an oath.
PATRICIA INN ROTH
• A„ w COMMISSION # "H 001077
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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
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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
NOTICE OF VIOLATION
City of Cape Canaveral
Community Development
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
CASE NO. 22-043
Date: 3/31/2022
Owners of the property located at: 336 harbor Dr. Cape Canaveral, FL. 32920
Parcel ID: 24-37-14-01-00-117
Respondent(s): Daniel W Sharpe, Katherine A Sharpe
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral
Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of
the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s)
is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required
to be performed within twenty (20) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s)
may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and
a penalty as provided below may be imposed.
The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and
penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violations(s) has/ have been corrected, and, in
addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be
irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000
per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special
Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded
in the public records and thereafter shall constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator which can be satisfied by
foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S)
IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST
IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO
DETERMINE COMPLIANCE.
THE■■■A,•
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100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
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Case No. 2022-043
Page 2
1. Property where violation(s) exit(s):
336 Harbor Dr
Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
SHARPE, DANIEL W, SHARPE, KATHERINE A
336 Harbor Dr
Cape Canaveral, FL 32920
A recent inspection of the subject property and other relevant information conducted by the City
Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions.
A summary of the applicable City Code provisions and existing condition of the property is set forth
below.
ARTICLE II. - FIRE PREVENTION CODES
Section 38-26. - Florida Fire Prevention Code—Adopted.
The Florida Fire Prevention Code and the life safety code adopted by the state fire marshal, Florida
Statute 633.025 (1), Minimum fire safety standards, is adopted by reference as though it were copied
in this article in full.
Section 69A-43.018 Florida Fire Prevention Code, One and Two Family Dwellings, Recreational
Vehicles and Mobile Homes Licensed as Public Lodging Establishments.
(1) This section applies to one and two family dwellings, recreational vehicles and mobile homes
licensed as public lodging establishments as defined in Section 509.013(4)(a), F.S. Except as modified
by this rule, one and two family dwellings used by more than one party per living unit shall comply
with Chapter 24, One -Family and Two -Family Dwellings, of NFPA 101, Life Safety Code, as adopted in
Chapter 69A-3, F.A.C., and incorporated by reference therein.
(2) Three family and four family dwellings licensed as public lodging establishments shall comply with
Chapter 28, New Hotels and Dormitories or Chapter 29, Existing Hotels and Dormitories, of NFPA 101,
Life Safety Code, as adopted in Chapter 69A-3, F.A.C., and incorporated by reference therein.
(3) Smoke detectors.
(a) One and two family dwellings and mobile homes shall have an approved single station or multiple
station smoke detectors continuously powered by the house electrical system.
(b) Recreational vehicles shall have an approved single station smoke detector continuously powered
by 120 volt electrical service.
(c) In addition to paragraph (3)(a) or (b), above, an approved single station smoke detector powered
by the building electrical system, and 120 volt AC electrical service for recreational vehicles, shall be
provided in each sleeping room.
for Installation of Sprinkler Systems, or NFPA 13D, Standard for the Installation of Sprinkler Systems
THE
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Case No. 2022-043
Page 3
in One and Two Family Dwellings and Mobile Homes, or NFPA 13R, Standard for the Installation of
Sprinkler Systems in Residential Occupancies Up to Four Stories in Height, as adopted in Chapter 69A-
3, F.A.C., and incorporated by reference therein.
(5) The maximum occupancy load permitted for one and two family dwellings and mobile homes
licensed as public lodging establishments shall be computed at 150 square feet gross floor area per
person. The occupancy load for recreational vehicles licensed as public lodging establishments will be
the occupancy load designated by the manufacturer of the recreational vehicle, which shall be posted
in the vehicle.
(6) Battery powered emergency lighting shall be provided for a period of not less than one (1) hour
to illuminate the primary exit. The emergency lighting shall provide illumination automatically in the
event of any interruption of normal lighting.
(7) Minimum acceptable portable fire extinguisher requirements shall conform to NFPA 10, as
adopted in Rule 69A-3.012, F.A.C.
(8) A floor diagram reflecting the actual floor arrangement, primary exit location, secondary exit
location and room identification shall be posted in a conspicuous location.
(9) A fire safety information pamphlet describing evacuation of the dwelling or vehicle, smoke
detector information, procedures for reporting a fire or other emergency shall be provided to guests.
(10) Unvented fuel fired heaters shall not be utilized in one home licensed as a public lodging
establishment shall have a minimum of one primary exit and one secondary means of escape.
(b) The primary means of exit shall be a door, stairway, or ramp providing a means of unobstructed
exit travel to the outside of the dwelling, recreational vehicle or mobile home, at street or ground
level.
(c) The secondary means of escape shall be one of the following:
1. A door, stairway or ramp providing a way of unobstructed exit travel to the outside of the dwelling,
recreational vehicle or mobile home, at street or ground(d) To qualify as "approved," smoke detectors
shall be installed in accordance with NFPA 72, National Fire Alarm Code, the edition as adopted in
Chapter 69A-3, F.A.C., and incorporated by reference therein.
(4) Means of egress.
(a) Every one and two family dwelling, recreational vehicle or mobile level that is independent of and
remote from the primary means of exit; or
2. An outside window or door operable from the inside, without the use of tools or special equipment,
that provides a clear opening having a minimum of 5.7 square feet of area with no dimension less
than 20 inches in width or 24 inches in height. The bottom of the opening shall not be more than 44
inches off the floor. The opening must be directly accessible to fire department rescue apparatus or
fire department extension ladder.
(d) The secondary means of exit and sleeping room smoke detectors are not required if the dwelling,
recreational vehicle or mobile home is protected throughout by an approved automatic sprinkler
system in accordance with NFPA 13, Standard and two family dwellings, recreational vehicles or
mobile homes licensed as public lodging establishments.
(11) Specialized smoke detectors for the deaf and hearing impaired shall be available upon request
by guests in public lodging establishments at a rate of at least one such smoke detector per 50
dwelling units or portions thereof, not to exceed five such smoke detectors per public lodging facility,
as provided in Section 509.215(6), F.S.
THE
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Case No. 2022-043
Page 4
VIOLATION: The property located at 336Harbor Dr in Cape Canaveral is in violation of several
Fire Codes. There is no portable certified 2A-10BC fire extinguisher, the sleeping bedroom does
not have a secondary emergency escape, There are no smoke detectors outside sleeping rooms,
the smoke detectors are not wired to the house and have battery backup, the smoke detectors
are not interconnected, there is no emergency evacuation diagram, no postings on what to do
in the event of an emergency and no posted licenses.
YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN TWENTY
(201 DAYS OF RECEIPT OF THIS NOTICE. AS FOLLOWS:
1. Provide a certified 2A-1 013C fire extinguisher.
2. Provide each sleeping bedroom with a secondary emergency escape. It can be a door, or a window
with a clear opening measuring at least 24" H and 20" W.
3. Provide a smoke detector outside sleeping rooms that are wired to the house with battery backups
and must be interconnected with each other.
4. Post all applicable state and local licenses
5. Post an emergency evacuation diagram.
6. Post information on what to do in the event of an emergency.
Please be advised that if the owner of property that is subject to this Notice of Violation transfers
ownership of such property between the time this Notice of Violation is served and the time of the
hearing before the Special Magistrate, the owner of property is required by Section 162.06(5), Florida
Statutes to disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee; deliver to the prospective transferee a copy of the pleadings, notices, and other materials
relating to the code enforcement proceeding received by the owner; disclose, in writing, to the
prospective transferee that the new owner of the property will be responsible for compliance with the
applicable code and with orders issued in the code enforcement proceeding; and file a notice with
the code enforcement official of the transfer of the property, with the identity and address of the new
owner and copies of the disclosures made to the new owner, within 5 days after the date of the
transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud.
Please immediately contact Code Enforcement Officer Chris Robinson, at 321-868-1220, Ext. 116
regarding any questions and additional information you may need concerning this Notice of Violation.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Chris Robinson
City of Cape Canaveral
Code Enforcement Officer
Certified Mailing Numbers:
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100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
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Telephone (321) 868-1220 • Fax: (321) 868-1247
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City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Violation dated 3/31/2022
at the following address:
336 Harbor Dr. Cape Canaveral, FL 32920
on this 21 st day of April 2022 and the required posting at City Hall, 100 Polk Avenue, Cape Canaveral,
Florida, 32920.
Chris Robinson, Code Enforcement Officer
State of Florida
County of Brevard
On this 21 st day of April, 2022, Chris Robinson, personally appeared, who is personally known to
me and did not take an oath.
PATRICIA ANN ROTH
MY COMMISSION # HH 001077
EXPIRES: May 18, 2024
Bonded T,nrNotary auwicu em
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
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1. Article Addressed to.
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