HomeMy WebLinkAboutFW_ Code violations (8)
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: David Dickey <D.Dickey@cityofcapecanaveral.org>
Sent: Friday, January 13, 2023 12:06 PM
To: mdichr@aol.com
Cc: Anthony Garganese <agarganese@orlandolaw.net>; Brian Palmer <B.Palmer@cityofcapecanaveral.org>; Todd Morley <T.Morley@cityofcapecanaveral.org>
Subject: RE: Code violations
Thank you for this update Mike.
As I wrote you earlier this week, City Staff is working with the City Attorney on this matter, and updates will be provided as appropriate. Thank you.
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: mdichr@aol.com <mailto:mdichr@aol.com> <mdichr@aol.com <mailto:mdichr@aol.com> >
Sent: Friday, January 13, 2023 11:41 AM
To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >
Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> >; Todd
Morley <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> >
Subject: Fwd: Code violations
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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
________________________________
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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.
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.
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