The URL can be used to link to this page

Home My WebLink AboutFW_ Code violations (7) Todd Morley City Manager City of Cape Canaveral <http://www.cityofcapecanaveral.org/> (321) 868-1220 x218 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: mdichr@aol.com <mdichr@aol.com> Sent: Friday, January 13, 2023 11:41 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: Anthony Garganese <agarganese@orlandolaw.net>; Brian Palmer <B.Palmer@cityofcapecanaveral.org>; Todd Morley <T.Morley@cityofcapecanaveral.org> Subject: Fwd: Code violations ________________________________ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> ________________________________ Good morning David, I just got off the phone with Brian Palmer. He said that he assumed that my complaint was against the city concerning the code violations, so I don't know how he got that idea since the first sentence (see below my email dated 12/28/22 to Kevin Costa) in my complaint specifies that the violations are filed against the property owners. I sent Kevin Costa a list of all the owners that their properties were illegally split per City Code 12-62. Back on October 2, 2020, I asked you this very point and you never responded with a direct answer (see below in red type). I asked you why the burden of proof was on me to provide that my lot was illegally split and not the multiple other property owners. One would assume in the absence of a re-plat required by city code 12-62, that these splits were done legally otherwise all those lots would not have been recognized as developable. Since they were developed, wouldn't the weight of the evidence point towards the proof that all the splits were done legally and approved by the city to develop? That's why it concerns me that I was being forced to prove otherwise. To reiterate, as I explained to Mr. Palmer, my complaint is against the property owners and not the city of Cape Canaveral. City Council took advice from Campbell to enforce the code, I'm demanding the same for all the illegal splits I found and then some, as per code. In your own words from an email dated April 26, 2019, and I quote, " In your case, the parent tract was divided sometime before you purchased it in 2018. The resulting lots are non-conforming (i.e. not buildable) as they did not receive the necessary City approval as indicated above. Should you locate any documentation that indicates that the lots were properly divided, please provide me with a copy and I can reevaluate the situation." To D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> Cc t.morley@cityofcapecanaveral.org <mailto:t.morley@cityofcapecanaveral.org> t.morley@cityofcapecanaveral.org <mailto:t.morley@cityofcapecanaveral.org> , donhaynesdevelopment@yahoo.com <mailto:donhaynesdevelopment@yahoo.com> donhaynesdevelopment@yahoo.com <mailto:donhaynesdevelopment@yahoo.com> , agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> agarganese@orlandolaw. net <mailto:agarganese@orlandolaw.net> , mdichr@aol.com <mailto:mdichr@aol.com> Good afternoon David, Two weeks ago I had some important questions that needed answering. I hope you took the opportunity to forward these to the City Attorney for a legal opinion. Specifically the following: 1) The 1963 Ordinance you sent me referencing lot split wasn't amended, it seems, until 1993. Regardless of any amendments, the original ordinance called for a $300/day fine for anyone violating the lot split ordinance. If the City knowingly received taxes on my two parcels from 1984 until present, and the fact that the owner who split this lot and many others, was never fined, why would it be your position to assume it was done illegally? One would have to assume that it was done legally and I feel the burden is upon the City to prove that it wasn't. The simple fact that the City cannot produce the written document or application for the split does not relieve it of the burden to prove it was done illegally, especially never instituting fines and knowingly collecting double taxes on all those lots that were "allegedly" illegally split. 2) I want to know why there were many platted lots (especially those 50ft wide) in Cape Canaveral that were split without fine or application in the past 2-3 decades and builders were able to build and sell fee simple townhomes on 25 foot wide lots. I can name at least three builders that I personally know that said they never went through a lot split application process to split the lots and build. So maybe there wasn't a lot split application process for subdividing only into two lots back then. That is why thirdly, 3) I need to know when the lot split application was formerly created, was it before or after 1984? 4) And finally, I am very interested how the City Attorney could explain the fact that many of Mr Pinziak's lots were split and still owned until this day and no fines for such have ever been instituted and still the City collects double taxes for the original platted lots. These questions need to be answered so I know how to proceed formerly with the City. Respectfully Mike DiChristopher I look forward towards a speedy resolution of my complaint. Regards Mike DiChristopher -----Original Message----- From: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > To: Kevin Costa <k.costa@cityofcapecanaveral.org <mailto:k.costa@cityofcapecanaveral.org> >; mdichr@aol.com <mailto:mdichr@aol.com> <mdichr@aol.com <mailto:mdichr@aol.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > Sent: Tue, Jan 10, 2023 11:43 am Subject: RE: Code violations Good morning Mike. I am responding on behalf of Kevin. We are working with the City Attorney on this item. We will provide updates as appropriate. I would ask that any future correspondence regarding this item be forwarded to my attention. Thanks. Dave David Dickey Community & Economic Development Director City of Cape Canaveral <http://www.cityofcapecanaveral.org/> (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: Kevin Costa <k.costa@cityofcapecanaveral.org <mailto:k.costa@cityofcapecanaveral.org> > Sent: Tuesday, January 10, 2023 11:26 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: FW: Code violations From: mdichr@aol.com <mailto:mdichr@aol.com> <mdichr@aol.com <mailto:mdichr@aol.com> > Sent: Monday, January 9, 2023 11:13 PM To: Kevin Costa <k.costa@cityofcapecanaveral.org <mailto:k.costa@cityofcapecanaveral.org> > Cc: kevin@kevinpmarkey.com <mailto:kevin@kevinpmarkey.com> ; mdichr@aol.com <mailto:mdichr@aol.com> Subject: Code violations ________________________________ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> ________________________________ Hello Mr. Costa, Can you please bring me up to date on the progress of your investigation. If you need any additional information, please let me know. Respectively Mike DiChristopher 321-288-4111 mobile -----Original Message----- From: mdichr@aol.com <mailto:mdichr@aol.com> To: k.costa@cityofcapecanaveral.org <mailto:k.costa@cityofcapecanaveral.org> <k.costa@cityofcapecanaveral.org <mailto:k.costa@cityofcapecanaveral.org> > Sent: Wed, Dec 28, 2022 10:53 am Subject: Code violations Good morning, Kevin, Thank you for returning my call yesterday. I would like to file a code violation on the following residences and TAX PARCELS (see attached) in Cape Canaveral Beach Gardens Unit 2. These code violations go as far back as the late 70's and early 80's when the land was illegally subdivided by deed by private property owners in order to gain back some monetary value due an administrative rezoning in 1979 from R2 (multifamily) to R1 (single family). I have attached a list of tax parcels that are currently non-compliant to the Comp Plan and in violation of City Ordinance 12-62 that required all lots that were split into two or more lots must be "PLATTED". In January of 2021, Mr. Dickey wrote a resolution for council to consider, rectifying the illegal lot splits by deed, however the council never took any action on the resolution. That no action by council left all of these illegal splits in non-compliance with the code and comp plan. If one of the homes burnt down or were destroyed by an act of nature, the property would be denied a permit to legally rebuild. These are not non-conforming lots of record because in order to be a lot of record it would have to had been replatted (showing the split) prior to 2010 but instead subdivided by deed. These are not lots of record nor non-conforming lots of record, and in the city's own words (see my attachment for the development order) are only TAX PARCELS. I bring this code violation to your attention because I myself own a parcel of land that was subdivided by deed (as seen in the attachment). I applied to split the lot legally, asking to recognize my TAX PARCELS as buildable, but was denied even though there are four corner lots in the subdivision that were approved for building permits that didn't meet the same requirements that the city said I failed to meet. The violations of the code are state next to each tax parcel in my attachment. Please keep me apprised on any information you may have and please copy me on the actual code violation you are filing. Feel free to call me or email me any questions that I may be able to answer. Sincerely Mike DiChristopher Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 刦��ｴࡶ搂螊쿿광簠숝棼滜硟炯ⓑ㌧懒쌧昡ё툠羰끥Ⴛ怦စ섨삺罨遥퇏ሜ㉥遠邶ｰ䋌⾿㿀讄犉ゼ㉶듿왰윏젟眯硏祟穯ᅿ囖䅔൘䆠䍒䗸卌齿὾濖㾀첖뿿锜�뇟輟똟냟鉏ｏ従澔࿠ῡ龗꾘뾙쾚鯿곟ꋯﾏ鿴復澪￸࿺Ώ⿼﷿괿껯뉟댯됿ｏ徵澶羷＄迎鿏⿩㿪׏኿Ύ⿬㿭修忯漀迵ኟℏ∿⍏⑟╯ﵿ￯缕켨�Ｋ༭Ἦ缂Ͽわፏؿ޿࣏য়ᓯ�༌聤:玻敩悰뽳䂾瀻낺炼킉汹ﾠဲ늺䈿뚈쀽냋;泾ꅤ兦ⅱ2끟ぞ䅨懿썡旀먰 暰㎠붐뫯扃㊺뼩ฟ振ﶽ끠뭰柱륱庱敓턢徟꿒缵땰䊊怬现毮掻킉늊浧㡀쬰ﾢ�㿕�志濘翙迚��墿䟏䠏嬟䎢牡뺃㭡检뷀䌣浒․⇍짳泲枠敨昢监㠲￐턿톊큤ဲ镃း㣿寠峯࿿ᩏᬟ是㚯ﾟ鼔뼴뼖켗�⽧㽨༜᷿ḟ洯⁯ㅏ♟❿皏Ｏ轸齹꽺뽻콼�콬ᾀ臿舯茿葏㉟㍟汯蝯ﾟ轪꼷뼸켹�㽬ஸу懳䥳犠륯䒀철庒緳抻鉰逐所䏑蘃摠滬찧챰敀荊䂎ゐ懷憐郀榠쁡䋌▗ᛊ飿뺁㵐邱造䥐飤䘂ｿ⽥㽦ཱὲ澞辍轫꾋淿溯澿黏鿯狿瓿甏？⾥㽷侈潽罾侰徱닿덯둿薏꓏랏룟맯 ྻᾼ侉徊澋徿侢龎迿邯醿ꏏ೿鱏鴯찿／ᾩ꾶俏辢俊뿃뾥侨ꟿ쿟탏ꯟ갏괟혯꼏ｏ忀羵꿚쿞⿡㿢俣忤뵯헟忁濂⿯ῒ鿅꿆뿇쿈짿쫟嗯捹㹁㻧䉰骁뼃ꈾ뉡샶@遡灢䩸춁肛䕥揱愠䉸挆�腐졅鿍鱈ﴀ遡䕫飀閱㹢䑠ﾑ煀胚炚>냳㌿넿䇽愰炚傗ꁠꄆꁄ끉׻﨣烐炚놘刿뽊콋䷏ﯧ瑐掠㺐ގﾲ덡샸ľ༂ἃ꿎翙迚ዿ폿혟휟�ሿ༔濛翜违㼙꿟뿰�⇯⓿╟♯❿⢏＿鼘Ｌ༮Ἧ⼰뿱쿲㏟ᙯ蘭隷ᠿ漏뿋㼐休ᝀ䕆曠闷愰鮐捱猉䂙鯯 ԑڳ㳁斀〺폽쎔髻ߠ拲酡兟抛ꄽᆕ࿿᷼⭿㠏ᛯ㻯㢯᨟？⼛㼜ｉ漟缠輡鼢⏿㒯⦿叟姏娿孏屟ｯ罝⼱㼲콠�｣ཥ替㔟㚿棏䭏㤿㯿㰏？⼽㼾伿�潁罂དྷὓ惿溯䲏䶏箟住傿减￟콹ｓཕὖ⽗㽘佩潞忿穿諯謟谯贿蹏晟ￏ彾꾑뾒쾓�ﾖ彫泿饯簯漟炟熯犿総紐匠쀏쀀怏䂢꾂菿醿齏累縯ꤿ肟腟ｯ羂ᾨ龄꾅뾆쾇�迿透ꤟ렿륯멿뮏벟ﾯ澗꾬﾿࿁ῂ⿃㿄俅鯿鷿윏ꩿꁯꄿꉏꍟｯᾬ辥ｵཷὸ㾱侲濗췿ꮿ쮿귟껟꿯퟿�⾳㾴侵⿞澷翈龽꾾얏�ﾏ�￲࿴῵翉迊鿋�칏쿏탟퇯�퓿ࠜ楍५䐐䍩ｨ퀁⃿䀉ꇦ뿡쿢⿽�ﰿय़�ޏ﾿꿣뿤쿥￸΅⿯ࣿᣟᤏ᨟ᬯ᰿ᵏṟｯ缟輠鼡꼢뼣켤�⟿⧿⨏⬟Ⱟⴿ⹏⽟ｯ缰忶⼌켳�鿺꿻༷৿ﺟ￟ï˿̏П㰯䊔䉆榑慤䘠玀䜙⃀䉶䜠爁慯搐瀠䉵槐⁣꘳䋰牰䕤䉰矠䰮䄠牅畳逸ᔬ聅䕮矠၁瑴䍥䀾灂浭湵ꁆ뱡楴瀺끉䙥孀ꁂ쉆㙥䪀扡奴耆䌠큈ᕯ䌰懬䭰ᆡ懀녅ぁŌ昮ꁆ⅁煅䙮敀牭䉰禐䡥䠀䂠池๿໻㡰ᓴ퓇住㍗扐՛㯀摐쀅쁌䁡慠䋿אۀ䭐䙳䵥ბ㤐옠䩭䅠†灵䃿䢰䠀䥁㹰㪐䪰䮀꺁乲䊰丐砀ᅎ䝴䵕䋠䐠䳇恇偈၎右䔱撀䝤䋱䔐꙱௰嵆聇ᕉ礰畯蘒卤滀聁ꁈ쀑\煛㧿夠䘋㻁㪐䪠ꙡ䞰�煕⅗녓ぅ摆䘭嗖쾷땛၂逾瑣၆腉壿仴僿儏刟匥ڳ丰＀@텋⅛う偈灂䃿䈀峰尀䶂Գ䯀ّ뽰쀅酊ㅞ뉈낦䝧ﾀ輍鼎꼏뼐켑�４擿៏㠟㆏㊟犯痟瘿ｏ彷潸罹༶༼콼㼹伺㯿聟㴏㹿㾏䂟䆯䊿ￏ�ｅཇὈ⽉㽊佋䳿䵟乯捿搟儯劯县ￏ�ｖམὙ⽚㽛作巿幟彯恿憏鞟颯馿ￏ�ｧཀྵὪ⽫㽬佭滿潟灯煿궏猏肯秏￟ｻ羽达龿꿀뿁㾂菿葏蕟虯蝿袏覟誯﾿쾋�ﾎྐᾑ⾒㾓铿镏陟꭯갏줟骯鮯﾿쾜�ﾟྡᾢ⾣㾤ꗿꙏꝟꡯ꥿ꪏ��ￏ쾭�ﾰྲᾳ꾵㾵뛿썏룟륯멿뮏벟얯￟�࿼⼀輂鼃꼄뼅켆߿ࣟ৯௿ఏടฯ༿ｏ弐漑缒輓鼔꼕뼖켗᣿᧟᫯᳿ᴏḟἯ‿ｏ弡漢缣輤鼥꼦뼧켨⧿⫟⯯ⷿ⸏⼟〯ㄿｏ弲漳缴輵鼶꼷뼸켹㫿㯟㳯㻿㼏䀟䄯䈿ｏ彃潄罅轆齇꽈뽉콊䯿䳟䷯俿倏償刯匿ｏ彔潕罖轗齘꽙뽚콛峿巟廯惿윏젯줿퉌／ΐ⿔㿕俖志濘翙迚�榗�﾿쿰콢嗟迤鿥꿦뿧쿨猧ﾯ뿴쿵�ཷὸ⽹㿸俹ǿﶁ﹟ ｯƏ撟愯Ｏ㽢ྔᾕ⾖㾗侘ꭤ�柿棯櫿欏氟洯渿潏｟潰罱轲齳꽴뽵㿤杻諿謟鬯�籕紏縟缯＿侀征澂羃辄龅꾆뾇裿觏냟놟銩迋邏躖舛쬵⼑潢祤ﺍ颻路㝂冚⊑�젳˅챽