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HomeMy WebLinkAboutcocc_special_mag_agenda_pkt_20221025CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET October 25, 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: January 25, 2022 2. Approval of Meeting Minutes: August 23, 2022 NEW CODE ENFORCEMENT CASES: 1. Case No. 2018-213 - Violation of Section 94-121. (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (8660 Astronaut Ave.) Arthur W. Berger Jr and Jeanne A. Benson Trustees, Property Owner. 2. Case No. 2021-090 - Violation of Section 105 Permits. [A] 105.1 Required, Florida Building Code. Section 110 Inspections. [A] 110.1 General, Florida Building Code. (111 Buchanan Ave.) Richard Virgovic & Martina Virgovicova, Property Owners. 3. Case No. 2022-017 - Violation of Section 105 Permits. [A] 105.1 Required, Florida Building Code. Section 110 Inspections. [A] 110.1 General, Florida Building Code. (223 Columbia Dr Unit #224.) Michael Connor, Property Owner. 4. Case No. 2022-054 - Violation of Section 70-67. Levied, City of Cape Canaveral Code of Ordinances. Section 70-75. (a), (b), Penalty for failure to obtain or renew receipt, City of Cape Canaveral Code of Ordinances. Section 110-292. Principal uses and structures, City of Cape Canaveral Code of Ordinances. Section 110-486. (c) Vacation rentals, City of Cape Canaveral Code of Ordinances. Section 110-491. (11) Number of spaces required, City of Cape Canaveral Code of Ordinances. Section 105 Permits. [A] 105.1 Required, Florida Building Code. Section 110 Inspections. [A] 110.1 General, Florida Building Code. (521 Jefferson Ave.) Richard W. Starke, Margaret M. Starke & Tyler B. Starke, Property Owners. City of Cape Canaveral Special Magistrate Hearing Docket October 25, 2022 Page 2 COMPLIANCE (MASSEY HEARING) CODE ENFORCEMENT CASES: 1. Case No. 2019-340 - Violation of Section 94-121. (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (7090 N. Atlantic Ave.) Michael M. Notary Et Al, Property Owner. APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE IPMC : None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. 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. THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Berger, Arthur W JR Benson, Jeanne A Trustees 627 Adams Ave. Cape Canaveral, FL 32920 City of Cape Canaveral Community Development RE: NOTICE OF HEARING Location of the Violation: 8660 Astronaut Ave. Cape Canaveral, FL. 32920 CASE No. 18-213 DATE: 10/14/2022 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 25, 2022 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 14th day of October, 2022. Brian Palmer Senior Code Enforcement Officer 321-868-1220 Ext. 115 Certified Mail: 7022 0410 0002 6720 4061 10/18/22, 9:48 AM USPS Tracking® Tracking Number: 70220410000267204061 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update USPS.com® - USPS Tracking® Results Your item was delivered to an individual at the address at 5:16 pm on October 17, 2022 in CAPE CANAVERAL, FL 32920. Delivered Delivered, Left with Individual CAPE CANAVERAL, FL 32920 October 17, 2022, 5:16 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER October 16, 2022, 4:07 pm In Transit to Next Facility October 15, 2022 Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER October 14, 2022, 7:46 pm USPS in possession of item CAPE CANAVERAL, FL 32920 October 14, 2022,11:59 am Hide Tracking History FAQs > Remove X E Postal ServiceT1 RTIFIED MAIL° RECEIPT stic Mail Only For delivery information, visit our website at www.usps.com®. 0 ti N Um n newpc uwuwNn nj. ❑ Return Racelpt (electronlc) C3 ❑CerHGd Mail Restricted Delivery 0 []Adult Signature Required 0 ra O ru ru C3 r` i PocOaprk .; https://tools.usps.com/golTrackConfirmAction?qtc tLabelsl=70220410000267204061 1/2 City of Cape Canaveral Community Development NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8660 Astronaut Blvd Cape Canaveral FL 32920 Parcel ID: 24-37-15-00-757 Respondent(s): Berger, Arthur W Jr; Benson, Jeanne A Trustees CASE NO. 2018-213 Date: 6/12/2018 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/are to be voluntarily performed within ten (10) 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 Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board 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. IF THE VIOLATIONS) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 8501 Astronaut Blvd, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Berger, Arthur W Jr; Benson, Jeanne A Trustees 627 Adams Street Cape Canaveral FL 32920 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 'telephone (321) 868-1220 • Fax: (321) 868-1247 xv wNNr.cli�iofcapecanaN,eraLor�-, • email: b.1)almei•(a;cityofcapecanaveraL01-2 THE sphl BETWEEN' Page 2 2018-213 On September 16, 2014 the City Council revised the City's Sign Code Ordinance to address Nonconforming signs within the City. Section 94-121 of the Ordinance states that all signs or outdoor displays which were lawfully erected, but do not conform to the Ordinance, will be considered nonconforming signs. The intent is to phase out nonconforming signs as expeditiously and fairly as possible. On December 2, 2015 you were sent a letter outlining the types of nonconformities which were to be corrected by September 16, 2016. As of the date of this letter no permits have been applied for or issued regarding your sign. Pole signs are no longer authorized in the city, your sign needs to either be replaced or converted into a pylon sign. For the definition of a pylon sign please refer to Sec. 94-1 of the City Code of Ordinances, which has been attached. All sign replacements and conversions require a permit. 3. Description of Violation(s) at property: Section 94-121. (d) Nonconforming signs. All signs or outdoor displays which are lawfully in existence or are lawfully erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. (d) Pole signs—Termination by amortization: Any nonconforming pole sign existing on September 16, 2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non -corrosive decorative cover applied over and attached to the supporting pole(s) in accordance with industry standards of material and workmanship, except, however, pole signs located within the visibility triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. 4. Recommendation(s) to correct the violation(s) described above: • Obtain a permit and convert the existing non -conforming sign into a conforming sign per the code. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Brian Palmer Code Enforcement Officer .n •_ .ter �. � � ...T. ...w. =�� 100 Polk Avenue - Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 THE SPACE BETWEEN' Ln Ln 0 rl- M ru ru r-1 M C3 0 C7 Ln ra ri M ,A1C4,—(t 0/ V, (-"4��j Postal Service" CERTIFIED RECEIPT Domemic Mail Only artWiied Mall Fee r p +:A A,q�(� Extra Services & Fees (check bay add fee as sppropdate) ,Y t• ❑ Retum Receipt eiardcop» $ ❑ Retum Receipt (aleetrank) S - P ❑certified Mail Restricted Delivery Here ❑Adult Signature Required $ � / rj ?018 p� Aduk SignatureRestricted Delivery $ V BERGER, ART"-" BENSON, JEANNE A 627 ADAMS STREET CAPE CANAVERAL, FL 32920 ■ Complete items 1, 2, and I s Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: BERGER, ARTHUR W JR BENSON, JEANNE A TRUSTEES 627 ADAMS STREET CAPE CANAVERAL, FL 32920 A. Agent Name) 10. Date of Delivery .--) `y C "I </-- D. is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No Service ority ii I IIIi�I Lill III III Dll III I� III 11 Il I I I III I ill3. O dun SlgnaturrreeeRestricted Delivery 0 Re M p 9590 9402 3281 7196 3108 09 fa certified Maims [3 Certified Certified Mall Restricted Delivery Return Recelpt for 0 Collect an Delivery ❑ Collect on Delivery Restricted Delivery Merchandise in signature Confinnationn^ nrtirtw Ni tmher f?ransfer from service fabe4 `_ . Mali ❑ Signature Confirmation ?01? 1450 0001 2238 ?055 sed Mail Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 110V If— 2 / 3 Domestic Return Receipt THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. City of Cape Canaveral ,Community Development Richard Virgovic; Martina Virgovicova 1237 Potomac Dr. Merritt Island, FL. 32952 RE: NOTICE OF HEARING Location of the Violation: 111 Buchanan Ave. Cape Canaveral, FL. 32920 CASE No. 21-090 DATE: 10/3/2022 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 25, 2022 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA D isOctober 2022. Chns Robinson, Code Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7020 2450 0002 3313 6390 1 V/ 1 L , 1 I .- -.V1 USPS Tracking® Tracking Number: 70202450000233136390 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) F FAQs > Remove X Latest Update Your item has been delivered to an agent for final delivery in MERRITT ISLAND, FL 32952 on October 6, 2022 at 11:35 am. Delivered to Agent Delivered to Agent for Final Delivery MERRITT ISLAND, FL 32952 October 6, 2022, 11:35 am U.S. P:2staIr•iarrnK` Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER October 5, 2022, 9:01 pm Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER October 4, 2022, 10:54 pm USPS in possession of item CAPE CANAVERAL, FL 32920 October 4, 2022, 1:55 pm Hide Tracking History Text & Email Updates o^ M rn Domestic ,I Certified Mail Fee M Extra SBrvICes &Fees (check box add fee as eppr e) ru ❑ Return Recelpt (hardcopy) $ - gid, 0 O ❑ Return Receipt (elechonic) $ ,'.. Postr frk r ❑ Certified Mail Restricted Delivery $ \ ' O ❑Aden signatu a Required $ ❑Adult Slgnature Restricted Delivery $ r-3 Ln Postage db. TotaIPostag VIRGOVIC, RICHARD; VIR $ MARTINA O ru sent To 1237 POTOMAC DR. [r StieetandElj MERRITT ISLAND FL 32952 -n ec M CL Cr m 0 77 https://tools.usps.com/go[TrackConfirmAction?qtc—tLabeisl =70202450000233136390 1/2 NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE NO. 21-090 Date: 5/14/2020 Owners of the property located at: 111 Buchanan Ave Cape Canaveral, FL. 32920 Parcel ID: 24 -37 -23 -CG -65-6 Respondent(s): VIRGOVIC, RICHARD; VIRGOVICOVA, MARTINA PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s) may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said property and other personal or real property. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. THE SPACC 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 <<�� �� .�itv<�icar�ecanaveraLrn� Case No. 2021-090 Page 2 1. Property where violation(s) exit(s): 111 Buchanan Ave Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: VIRGOVIC, RICHARD; VIRGOVICOVA, MARTINA 1237 POTOMAC DR. MERRITT ISLAND FL 32952 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. - BUILDING CODE Section 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. PERMITS [A] 105.1 Required. (F.L.B.C.) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. INSPECTIONS [A] 110.1 General. (F.L.B.C.) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Section 110-468. - Accessory structures. THE SPACE 100 Polk Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 Case No. 2021-090 Page 3 (a) No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. (b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over 100 square feet in size or more than seven feet high, are exempt from this section, provided they are in the rear yard only. VIOLATION: Three accessory structures/tiki huts were constructed along the east side of the property line and are closer than the permitted five (5) feet from the property line. The largest of the structures would have required a permit to build and it also exceeds the maximum height limit of ten (10) feet. The property is only permitted to have a total of three (3) accessory structures and it currently has four (4). YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. All three structures along the east side of the property must be removed as they stand. 2. If rebuilt, any structure over 100 Sq. Ft. must be permitted and any plumbing and electrical added must be permitted. 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. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SIR Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' NVN\ 1;'.CII%,0llcapck' i Illfll'Cl'Ell.orl ' Uase No. 2.U11-U9U Page 4 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. PLEA GOVERN YOURSELF ACCORDINGLY. Chris Robinson City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7020 0090 0001 8343 7279 r:--: •..--r�a��--�= ��.=-�t�-:-�---�—�.-�-+:s—�rscr-+mac.= 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 ��°t��i.cill��tcat�ecana�ernl.ar� THE SPAU BETWEEN' ■ Complete items 1, 2, and 3. r Print your name and address on the reverse so that we can return the card to you. W Attach this card to the back of the mailpiece, or on the front if space permits. Y Grtirle 6rlAreecui 4n• Richard Virgovic & Martina Virgovicova 1237 Potomac Dr. Merritt Island, Fl. 32952 II I IIIIII I'll III 111 IIIIIII I I III I II III III I I � III 9590 9402 4753 8344 1844 32 2. Article Number i7Mansfer from service label) 702:0 �:0�..0 p00.1=: 83431.727.9 A. Signature X0 Agent ❑ Addre: B. RKA vpd by (Pnrdr Name) C. Date of Deli D. Is delivery addres's different from item 1? 11 Yes If YES, enter delivery address below: ❑ No 3. Service Type O Priority Mail Express® ❑ Adult Signature ❑ Registered Mallm ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ]0 Certified Mail® Delivery p Certified Mail Restricted Delivery 13 Return Receipt for ❑ Collect on Delivery ❑ Collect an Delivery Restricted Delivery;' Merchandise Signature Coniirmation- .A d Mail i `• Signature Confirmation ' iii Mail Restricted Delivery Restricted Delivery 6500) PS Form 3811, July 2015 PSN 7530-02-000-9053 III -6LVA q A4'4V O" Domestic Mail On r- rU MCertified Mail Fee M $ CO Extra Services&Fe (d*okbnw addfas esappropdate) I -XI ❑ Return Receipt copy) $ 1-3 El Return Receipt (el vnntc)AA Postmark C3 ❑certified Mall Res cted pe' j � jV —rT r—. / Here 0 ❑Aduk Signature Ha u'ved $ ! ❑Aduk Signature Res clad e1 $ E3 Postage Er r tal Postal Richer -Virg vlc, I a`�/irgovicova 3 1237 Potomef 'r ru Sent To Merritt Island, FI. 32952 0 urtreetandFJ C� C!y State,e Domestic Return Recelpt I THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, a Michael Connor 201 International Dr #733 Cape Canaveral, FI 32920 City of Cape Canaveral Community Development RE: NOTICE OF HEARING Location of the Violation: 223 Columbia Dr. Unit 224 Cape Canaveral, FL. 32920 CASE No. 22-017 DATE: 10/3/2022 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 25, 2022 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA �rd f October 2022. Cruris Robinson, -cod ne Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7020 2450 0002 3313 6406 USPS Tracking® Tracking Number: 70202450000233136406 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs > Remove X Your item was picked up at the post office at 10:24 am on October 7, 2022 in CAPE CANAVERAL, FL 32920. Delivered Delivered, Individual Picked Up at Post Office CAPE CANAVERAL, FL 32920 October 7, 2022, 10:24 am Notice Left (No Authorized Recipient Available) CAPE CANAVERAL, FL 32920 October 6, 2022, 10:52 am -0 0 Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER a October 5, 2022, 8:30 pm m ru 0 Arrived at USPS Regional Facility o ORLANDO FL DISTRIBUTION CENTER Ln October 4, 2022, 6:09 pm ti 0 USPS in possession of item o r% - CAPE CANAVERAL, FL 32920 October 4, 2022, 1:55 pm Hide Tracking History https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsi=70202450000233136406 1/2 NOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE NO. 22-017 Date: 3/31/2022 Owners of the property located at: 223 Columbia Ave unit 224 Cape Canaveral, FL. 32920 Parcel ID: 24-37-22-02-00-15.24 Respondent(s): Michael Connor 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 five (5) 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 SPAU a 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 �� ����.citv��icanecar�a�eraL�r� Case No. 2022-018 Page 2 1. Property where violation(s) exit(s): 223 Columbia Dr unit 224 Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Michael Connor 201 International Dr #733 Cape Canaveral, FI 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. - BUILDING CODE Section 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. PERMITS [A] 105.1 Required. (F.L.B.C.) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. INSPECTIONS [A] 110.1 General. (F.L.B.C.) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. THE e 0 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPA9 t-% 10 p Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' It \1'\0'.C1t Vt)1l'iil)t Cilllil\'C'l'iff�.(7)'L' Case No. 2022-018 Page 3 VIOLATION: The property located 223 Columbia Dr unit 224 had a new water heater installed without the required permit. Staff made contact with the individuals that installed it and informed them of the permit requirement and that a licensed contractor must get the permit. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN FIVE (5) DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: 1. Apply for, obtain and have final inspections on the new water heater installed 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: THE T26 • Cape Canaveral FL 32920-0326 SFA 100 Polk Avenue Post Office Box 3 p BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 a 0 V" ■ Complete items:M;4P, and 3. ■ Print your name and address on the reverse so that we can return the card to you. R Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Michael Connor 201 International Dr. #733 Cape Canaveral, FL 32920 11111111111111111111111111111111111111 11111111 9590 9402 4370 8190 0239 86 2- Article Number (Transfer from service label) 7018 136.80 0130.2. 3250 9317 P5 Form 3811, July 2015 PSN 7530-02-000-9053• A. B. Received by(Pdn d Name) C. I � D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Agent ❑ Addresses ate oof.�elivery 7vey CI Yes Cl No 1,16 V 3. Service. Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mail"m C}Adult Signature Restricted Delivery ❑ Registered Mail Restricted ¢i Certified WHO Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery�t Merchandise signature Confirmation*"' ❑ Collect on Delivery Restricted Delivery fired Mail 14 ❑ Signature Confinnation ,red Mail Restricted Delivery Restricted Delivery r tnoni Domestic Return Receipt U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our wekmsite at www.usps.com'. - r. fu ❑ Return Recelpt thardcoID Return RecelM (electroS -. _ __ . — U (] cedifed Mail Restrictelivery S C3 (]Adult Signature Required $ 5 2027 � Pdult Signature Restricted Del' $ •/ 0 Postage ca $ o Q=. . C3 Total Poste Michael C S � SentTo201 Internatio r. #733 c3 Sveeiand Cape Canaveral, FL 32j920I/ __ City, Stafe, 0�.�3 �J(„tjlyJa�l ✓a ��a / THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development RE: NOTICE OF HEARING STARKE, RICHARD W; STARKE, MARGARET M; STARKE, TYLER B 21535 WOLF S RD FRANKFORT IL 60423 Location of the Violation: 521 Jefferson Ave. Cape Canaveral, FL. 32920 CASE No. 22-054 DATE: 10/3/2022 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 25, 2022 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DrTtis 3r y of October 2022. Cobinson, Code Enforcement Officer 321-868-1220 Ext. 116 Certified Mail: 7020 2450 0002 3313 6413 IV/IL/LL, II.Ic7HIVl USPS Tracking® Tracking Number: NO )q 70202450000233136413 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) FAQs > Remove X Latest Update Your item was delivered to an individual at the address at 3:20 pm on October 8, 2022 in FRANKFORT, ILCD 60423. c. 0 Delivered Delivered, Left with Individual FRANKFORT, IL 60423 October 8, 2022, 3:20 pm Departed USPS Regional Destination Facility U.S. Postal BEDFORD PARK IL DISTRIBUTION CENTER rr) CERTIFIED MAIL@ RECEIPT Domestic October 8, 2022, 2:12 am � ..n .. U Return Receipt (hardcopy] $ ❑ Return Receipt (electronic) $ ❑Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ El Adult Signature Restricted Delivery $ igee STARKE, RICHARD -_.. MARGARET M; STAR 21535 WOLF S RD FRANKFORT IL 60423 11tma,� rk �,� 1/2 M Arrived at USPS Regional Destination Facility m BEDFORD PARK IL DISTRIBUTION CENTER m October 7, 2022, 12:41 pm o 0 C3 In Transit to Next Facility Ln October 6, 2022 ru 0 ru s Arrived at USPS Regional Origin Facility ORLANDO FL DISTRIBUTION CENTER October 4, 2022, 10:59 pm USPS in possession of item CAPE CANAVERAL, FL 32920 October 4, 2022,1:55 pm https://tools.usps.com/go/TrackContirmAction?gtc_tLabeisl =70202450000233136413 U Return Receipt (hardcopy] $ ❑ Return Receipt (electronic) $ ❑Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ El Adult Signature Restricted Delivery $ igee STARKE, RICHARD -_.. MARGARET M; STAR 21535 WOLF S RD FRANKFORT IL 60423 11tma,� rk �,� 1/2 THE CITY OF CAPE CANAVERAL CASE NO. 22-054 A Florida Municipal Corporation, Date: 4-25-2022 Complainant, V. Owners of the property located at: 521 JEFFERSON AVE CAPE CANAVERAL FL 32920 Parcel ID: 24 -37 -23 -CG -17-6 Respondent(s): STARKE, RICHARD W; STARKE, MARGARET M; STARKE, TYLER B PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within Thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s) may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said property and other personal or real property. Case No. 2022-054 Page 2 IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. Property where violation(s) exit(s): 521 JEFFERSON AVE CAPE CANAVERAL FL 32920 TIME PERIOD REQUIRED, THE ENFORCMENT OFFICER AND Name and address of owner(s) of property where violation(s) exist: STARKE, RICHARD W; STARKE, MARGARET M; STARKE, TYLER B 21535 WOLF S RD FRANKFORT IL 60423 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. Applicable Codes and Violation Comments: Chapter 70 — Taxation Section 70-67, (1), (2), (3), Levied. A local business tax is hereby levied for the privilege of engaging in or managing any business, profession or occupation within the city. Such local business tax is levied on any person who: (1) Maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business in the city. (2) Maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within the city. (3) Does not qualify under subsection (1) and who transacts any business or engages in any occupation or profession in interstate commerce, if such local business tax is not prohibited by section 8 of article I of the United States Constitution. Section 70-74 — Receipt Year; Tax Payment Date, Term of Receipt, Proration of Tax The receipt year for all local business tax receipts shall begin October 1 of each year and shall expire on September 30 of the succeeding year. All such receipts shall be issued by the business license official beginning August 1 of each year upon receipt of the appropriate local business tax, and such tax shall be due and payable on September 30 of each year. If September 30 falls on a holiday or a weekend, the tax shall be due and payable on or before the first working day following September 30. No receipt shall be issued for more than one year. For each receipt obtained by any Case No. 2022-054 Page 3 new business, occupation or agent after April 1 of the following year, 75 percent of the tax for one year shall be paid and shall be reduced by an additional five percent per month for each month thereafter for businesses, occupations or agents which open or start after April, but before October, unless otherwise provided in this article. Section 70-75 — Failure to Obtain or Renew Business Tax Receipt (a) Any person who engages in or manages any business, occupation or profession without first obtaining a receipt required under this article is subject to the penalty stated in F.S. § 205.053(2), or any successor statute. (b) Any person who engages in any business, occupation or profession covered by this article who does not pay the required local business tax within 150 days after the initial notice of tax due and who does not obtain the required local business tax receipt is subject to the civil action, penalties, costs and attorneys' fees provided in F.S. § 205.053(3), or any successor statute. ARTICLE 11. - BUILDING CODE Section 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. PERMITS [A] 105.1 Required. (F.L.B.C.) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. INSPECTIONS [A] 110.1 General. (F.L.B.C.) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval, as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Case No. 2022-054 Page 4 Section 110-292. - Principal uses and structures. In the R-2 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. The principal uses and structures permitted in the R-2 medium density residential district shall be: Section 110-486. - Vacation rentals (c) Registration. Registration shall be based on the city's fiscal year similar to city business tax receipts. Prior to initiating the operation of a property as a vacation rental and prior to October 1 for each subsequent year, a vacation rental owner, either personally or through an agent, shall register with the City of Cape Canaveral utilizing forms promulgated by the city. A leaseholder of an entire dwelling unit or house may also register the entire dwelling or house as a vacation rental provided written consent of the vacation rental owner is filed with the city along with verification of the lease. Registration may be conducted by electronic means by the city and through a third - party contractor retained by the city for such purposes. The city, with the approval of the city manager, may extend the date that such registration is required by notice on the city's website, and prorate up to 50 percent of the required registration fee for initial registrations filed after April 1. A separate registration shall be required for each vacation rental. The operation of a vacation rental without registration after the date registration is required shall be a violation of this section, except in the instance of providing accommodations to fulfil a pre-existing contract as provided hereinafter. Upon receipt of written notice by the city that a vacation rental is in noncompliance with the registration requirements, the vacation rental owner or agent, as applicable, shall have a five-day grace period in which to register the vacation rental. Renting the subject vacation rental without registration after the five-day grace period shall constitute a separate violation of this section for each day after the grace period. Section 110-491(11). - Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: (11) Residential uses, including single-family, two-family and multiple -family dwellings and mobile homes. Two spaces for each living unit. VIOLATION: The property is being used as a vacation rental. The property has not been registered with the City, through ProChamps, as a vacation rental and a Business Tax Receipt has only been issued for three units. The property density can not accommodate four dwelling units and currently, there is only enough parking for two dwelling units. For each additional dwelling unit there must be two additional parking spaces. One kitchen in the main structure has been completely renovated without a permit. The interior of the accessory structure has been completely renovated without permits. Doors and windows have been installed on the accessory structure without permits. Case No. 2022-054 Page 5 YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN THIRTY { ) DAYS OF RECEIPT OF THIS NOTICE AS FOLLOWS: REQUIRED CORRECTIVE ACTIONS: - Discontinue renting the fourth unit. - Register your vacation rentals with ProChamps. - Two additional parking spaces must be provided for the third dwelling unit. - Apply for and obtain all required permits and have final inspections. 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. ii -)Zg- City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7022 0410 0002 6720 3972 IV/ IL/LL, I I. r0 MIVI USPS Tracking® No V Tracking Number: 70220410000267203972 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) FAQs > Remove X Departed USPS Regional Origin Facility ORLANDO FL DISTRIBUTION CENTER April 29, 2022, 9:15 pm https:lltools.usps.com/go[TrackConfirmAction?gtc_tLabelsl=70220410000267203972 1/2 Latest Update Your item was picked up at the post office at 2:02 pm on May 6, 2022 in FRANKFORT, IL 60423. m CD a rr Delivered Delivered, Individual Picked Up at Post Office FRANKFORT, IL 60423 May 6, 2022, 2:02 pm * Notice Left (No Authorized Recipient Available) U.S. Postal FRANKFORT, IL 60423CERTIFIED MAILO RECEIPT ru May 3, 2022, 3:21 pm Domestic m ' o0 F,F I C 1'144 Departed USPS Regional Destination Facility N Certified all Fee C Y BEDFORD PARK IL DISTRIBUTION CENTER `� Extra Services& Fees (check box, addfee as ate) �r� May 2, 2022, 6:15 pm ru ❑ Return Receipt (hardcopy) $ r ❑ReturnReceipt(electronic) $ r P smack rr O ❑ Certified Mail Restricted Delivery $ _ _e r ❑ Adult signature Required $ . r []Adult Signature Restricted Dellvery $ t:• y .J Arrived at USPS Regional Destination Facility � Postage10 BEDFORD PARK IL DISTRIBUTION CENTER E3 Totalpot STARKE, RICHARD W; ST May 2, 2022, 8:23 am $ MARGARET M; STARKE, TYLER ru ru sent to 21535 WOLF 5 RD M Street an r` FRANKFORT IL 60423 ........ In Transit to Next Facility ciy sial IMay 1, 2022 = Departed USPS Regional Origin Facility ORLANDO FL DISTRIBUTION CENTER April 29, 2022, 9:15 pm https:lltools.usps.com/go[TrackConfirmAction?gtc_tLabelsl=70220410000267203972 1/2 City of Cape Canaveral Community Development RE: NOTICE OF COMPLIANCE (MASSEY) HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, a Notary, Michael M; KAI Revocable Trust 690 Timuquana Dr. Merritt Island, FL 32953 Location of the Violation: 7090 N. Atlantic Ave Cape Canaveral, FL. 32920 CASE No. 19-340 DATE: 10/14/2022 A COMPLIANCE (MASSEY) HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 25, 2022 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Findings of Fact, Conclusions of Law and Order attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 14th day of October, 2022. Brian Palmer Senior Code Enforcement Officer 321-868-1220 Ext. 115 Certified Mail: 7022 0410 0002 6720 4078 10/18/22, 9:48 AM USPS Tracking® Tracking Number: 70220410000267204078 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) USPS.com® - USPS Tracking@ Results FAQs > Remove X I Latest Update Your item was delivered to an individual at the address at 10:28 am on October 17, 2022 in MERRITT ISLAND, FL 32953. Delivered Delivered, Left with Individual MERRITT ISLAND, FL 32953 U.S. Postal Service T11 October 17, 2022, 10:28 am CERTIFIED MAILP RECEIPT co N Domestic O Departed USPS Regional Facility C3 . ORLANDO FL DISTRIBUTION CENTER ru Certified Mail Fee October 16, 2022, 3:09m $ p Extra Services & Fees (check hox, add tee as ❑ Return Receipt(hardoopy) $ru O ❑ Return Receipt (electronic) $,+Aw []Certified Mail Restricted Delivery $ In Transit to Next Facility p []Adult Signature Required $ ❑Adult Signature Restricted Delivery $ ti ..4, October 15, 2022 o Postage o Total NOTARY, Miu!�AEL "Al," o $ KAI Revocable Trust 1 rNOv Arrived at USPS Regional Facility ru Sentr r` MERRITT ru 690 TIMUQUANA DR ORLANDO FL DISTRIBUTION CENTER �«Ber; )SLAND, FL 32953 October 14, 2022, 7:45 pm IV014 USPS in possession of item CAPE CANAVERAL, FL 32920 October 14, 2022,11:59 am Hide Tracking History https://tools.usps.com/goffrackConfirmAction?gtc_tLabeisl =70220410000267204078 1/2 SPECIAL MAGISTRATE HEARING CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Case No.: 19-340 Complainant, CSA Notary, Michael M., Respondent. FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida on February 25, 2020 for consideration, after due and lawful notice to Respondent, Michael M. Notary, 7090 N. Atlantic 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 Rased upon the evidence and testimony presented at this hearing, the Magistrate finds: 1. Respondent is the owner of the Subject Property. 2. On September 16, 2014, the City Council revised the City's Sign Code to prohibit pole signs. Section 94-121 states that all signs or outdoor displays which were lawfully erected, but which no longer conforming to the code, will be considered nonconforming signs. The intent was to phase out nonconforming signs in a fair and reasonable manner, giving property owners two years in which to comply. 3. On December 2, 2015, the City sent Respondent a letter outlining the nonconformity to correct by September 16, 2016. Specifically, the City required Respondent to either replace or retrofit his pole sign into a pylon sign. 4. All sign replacements and conversions require a permit duly issued by the City's Community Development Department. 5. On February 24, 2020, one day before the hearing, a representative of a sign company contacted the Community Development Department. The City informed the representative that a permit is required. 6. However, as of the date of the hearing, Respondent has not applied for, and City has not issued any permits to replace or convert Respondent's pole sign into a pylon sign. 7. Respondent must either remove, replace, or convert the pole sign on the Subject Property into a pylon sign to comply with the Code. 8. A Code Enforcement Officer also observed during a site visit that a new sign face was installed without a permit. CONCLUSIONS OF LAW 9. The City served Respondent with a Notice of Violation via certified mail, which he signed for on June 24, 2019. Brian Palmer, Senior Code Enforcement Officer, hand -delivered the Notice of Hearing to Respondent on February 12, 2020, which the City also posted at City Hall on February 12, 2020. The Notice of hearing, therefore, complied with the Section 2-253 of the City Code and Florida Statutes §§ 162.06 and 162.12. 10. The City lawfully enacted its sign regulations in a narrowly tailored, content -neutral manner to improve the City's aesthetics, a legitimate government interest. .See Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015) (sign regulations must be content neutral); City of Lake Wales v. 2 Lamar Advertising Association of Lakeland, Fla., 414 So. 2d 1030, 1031 (Fla. 1982) (recognizing the "relationship between signs and the general welfare and well-being of a community from the standpoint of aesthetics.") 11. The City lawfully amortized non -conforming signs within its jurisdiction in a fair and reasonable manner. As the ordinance is applied, Respondent has had more than five years from the ordinance's enactment to either remove, replace, or retrofit the non -conforming pole sign on the Subject Property. See Webster Outdoor Advertising v. City of Miami, 256 So. 2d 556 (Fla. 3d DCA 1972) (5 year amortization period valid). 12. Further, Respondent unlawfully re-established a non -conforming use by changing the sign face without replacing or retrofitting the pole. 13. Consequently, the Subject Property is in violation of Section 94-121(d) of the City of Cape Canaveral Code of Ordinances ("Nonconforming Signs.") Respondent has had a reasonable time—exceeding 5 years from the sign ordinance's enactment—in which to correct the violation. Respondent also had reasonable time to correct the violation provided in the Notice of Violation. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 1. Respondent has until March 17, 2020 in which to correct the violation of the City's sign code on the Subject Property. 2. Respondent is shall either remove the pole sign or contact the City's Community Development Department and submit a full and complete application for a permit to either replace or convert the pole sign into a pylon sign. 3 3. Respondent shall be responsible for providing notice to the City Code Enforcement Division of the Community Development Department that he has either removed the pole sign or applied for a permit to correct the violation. 4. Upon confirmation that the Respondent has either removed, replaced, or retrofitted the pole sign into a pylon sign, the Code Enforcement Officer shall file an Affidavit of Compliance and bring it to the Special Magistrate's attention. 5. However, if Respondent fails to correct the violation within the time -period set forth in this Order, a Code Enforcement Officer shall schedule a compliance hearing before the Special Magistrate. 6. 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. 7. 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 a fine will be entered in an amount of $100.00 for the first day and $50.00 for each day thereafter that the Subject Property remains in violation plus the City's enforcement costs. S. Any fines which may be imposed may become a lien in favor of the City on the Subject Property and upon any other real or personal property of the Respondent, pursuant to Section 2-252(e) of the City Code and Florida Statutes § 162.09(3). M 9. 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 25th day of February, 2020. RICHARD S. GELLER Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me byphysical �presenc or online notarization on this Z —I day of �- e b lr u a" a 2020 by Richard S. Geller. Said person (check one) /is personally known to me, produced a driver's license (issued by a state of the United States) as identification, or ❑ produced other identification, to wit: _ _, I MBERLYCHELEM �' � Ail(COMMISION SOGGOW84 (Affix Notary Seal) 1, �?•• Ef�ME&Jvmy13,2024 Notary Public - State of Florida Botrded'ttuu Notary Ptft unde►**M 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. Michael M. Notary, 7090 N. Atlantic Ave., Cape Canaveral, FL 32920, on this 113 day of IqVCC—L— '2020. Code Enforcement Clerk SARSGICLIENTWape Canaveral, City OASpecial Magistrate Services C761-25271\Hearing - 2 25 201Order On Violations - Case 19-340.Docx no 11 Complete items 1, 2, and I * Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits._ 1. Article Addressed to: NOTARY, MICHAEL M ET AL 690 TIMUQUANA DR MERRITT ISLAND, FL 32953 111111111 ILII 111111 III 1111111111 III Ill III II Ill 9590 9402 4747 8344 3152 55 2. Article Number (Transfer from service label) 7019 2280 0000 0198 3543 e*L�ef f'� A. Signahz# ❑ Agent X ❑ Addressee B. Recely by nnfed Name) C. Date of elivery -?V At D. Is deliveryaddress ifferent from item 11 ` Yes if YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® • Adult Signature ❑ Registered MailT ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted OCertified WHO Delivery ❑ Certified Mail Restricted Delivery 0 Return Rept for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery )W-Slgnature ConfirmatlonTM ,^ —sd Mall fl Signature Confirmation ad Mail Restricted Delivery Restricted Delivery $500> - ---- -- 19, Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 Godes