HomeMy WebLinkAboutcocc_power_point_magistrate_hearing_202300926CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE HEARINGSeptember 26, 2023
CASE NO. 22-308
TCHISTIAKOVA, LUDMILLA
PRESENTED BY
CODE ENFORCEMENT OFFICER
KEVIN COSTA
ADDRESS:404 TYLER AVE UNIT 6 CAPE CANAVERAL FL 32920
LEGAL:AVON BY THE SEA
PARCEL ID #: 24-37-23-CG-39-10.06
VIOLATION IS FOR PROPERTY MAINTENANCE.
Sec. 70-69. -Receipt required; payment of tax prerequisite to issuance. Section 504.1
and 504.3 of the International Property Maintenance Code and Section 704 of the
Florida Building Code
CASE NO. 22-308
TCHISTIAKOVA, LUDMILLA
CASE NO. 22-308
TCHISTIAKOVA, LUDMILLA
Notification Summary
Revised Notice of Violation:
-7/28/23, R.R. 8/21/23, Ludmilla Tchistiakova
-8/2/23 Property posted in accordance with F.S 162.12
Notice of Hearing:
-9/6/23 Sent Certified Mail, Return Receipt Requested to Ludmilla
Tchistiakova, Property Owner.
-9/7/23 Property posted in accordance with F.S 162.12
-9/23/23 Unclaimed/Being Returned to Sender
Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate.
CASE NO. 22-308
TCHISTIAKOVA, LUDMILLA12/8/22 Original Notice of Violation sent to Property Owner.
7/17/23 Complaint received regarding leak from unit #6 drain into unit #1.
7/25/23 Inspection of plumbing visible from unit #1 revealed plumbing drain does not meet code.
7/28/23 Revised Notice of Violation sent to Property Owner.
8/2/23 Notice of violation posted in accordance with F.S. 162.12 Notices.
8/9/23 Staff observed posted Notice of Violation had been removed from door, courtesy call to property owner voicemail was left.
8/15/23 Staff was asked to meet with owner of unit #1 to witness active leak.
8/24/23 Notice of Violation returned to sender.
9/6/23 Notice of Hearing sent to Property Owner.
9/7/23 Notice of hearing posted in accordance with F.S. 162.12 Notices.
9/12/23 Staff observed posted Notice of Hearing had been removed from door.
9/26/23 A search of the BS&A database revealed no permit or business tax receipt has been applied for.
Case #22-308 Synopsis
PROPERTY
REPRESENTATIVE
STAFF RECOMMENDATION
Based on the testimony and evidence submitted at this hearing,staff
respectfully requests the Magistrate find the respondent(s),in violation
of the Notice of Violation and give the respondent until October 23,
2023 to bring the property into compliance.
CASE NO. 22-308
TCHISTIAKOVA, LUDMILLA
CASE NO. 22-054
MARGIE STARKE; RICHARD STARKE
PRESENTED BY
CODE ENFORCEMENT OFFICER
CHRIS ROBINSON
ADDRESS:521 JEFFERSON AVE.CAPE CANAVERAL 32920
LEGAL:AVON BY THE SEA LOT 6 BLK 17
PARCEL ID #: 24-37-23-CG-17-6
VIOLATION IS FOR OPERATING IN VIOLATION OF DENSITY.
Section 110-486 Vacation rentals, 110-292 Principle uses and structures, 110-491
Number of spaces required, of the City of Cape Canaveral Code of Ordinances.
CASE NO. 22-054
STARKE, RICHARD W; STARKE, MARGARET M;
STARKE, TYLER B
CASE NO. 22-054
STARKE, RICHARD W; STARKE MARGARET M;
STARKE, TYLER B
Notification Summary
Notice of Hearing (Massey):
-8/28/2023,R.R. 9/1/2023, STARKE, RICHARD W; STARKE MARGARET
M; STARKE, TYLER B. The property was also posted on 8/28/2023 in
accordance with F.S. 162.12 Notices. On 8/29/23 Attorney Jacob Stuart Jr.
was emailed a copy of the notice of hearing.
CASE NO. 22-054
STARKE, RICHARD W; STARKE, MARGARET M; STARKE,
TYLER B
8/4/23 Staff checked on the status of the appeal of the Magistrate order and found the case had been dropped by the Starke's on May 22, 2023. A check of the City’s database found no permits for the demolition of the kitchen had been obtained. Research into several vacation rental sites revealed the property is still listing 4 separate units for rent.
8/7/23 Staff contacted Mrs. Starke about the continued violation of renting a fourth unit and the kitchen still remaining. She stated we would need to speak with her attorney. Staff generated a Notice of Massey Hearing and sent it to Mrs. Starke.
8/16/23 Staff spoke with Attorney Jacob Stuart about the violations. He stated it was his understanding the kitchen had been removed and there have been no rentals of a fourth unit since the Magistrate Order. Staff conducted a search of rental sites like VRBO and AIRB&B, along with YOU TUBE videos and informed Mr. Stuart of the results. Staff also explained the permit requirements for the unpermitted fourth kitchen.
Case #23-054 Synopsis
CASE NO. 22-054
STARKE, RICHARD W; STARKE, MARGARET M; STARKE,
TYLER B
8/17/23 Staff received an email from Mr. Stuart advising that all advertisements will be updated to reflect only three units are available for rent by 8/18/23. Arrangements were also made to inspect the property on 8/21/23.
8/21/23 Staff conducted a site visit of the fourth unit and found there was still a refrigerator, sink, cabinets, microwave and toaster oven remaining in what can only be described as a kitchen. All unpermitted plumbing for the sink and refrigerator as well as the unpermitted electrical for the refrigerator, microwave and other outlets remain intact. The unpermitted 220 for a stove/oven remains.
9/26/23 A check of the vacation rentals sites has revealed the property is still advertising 4 villas for rent. You Tube is also advertising 4 villas. There has been no demolition permit obtained to remove the 4th
kitchen.
Case #23-054 synopsis
Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate.
PROPERTY
REPRESENTATIVE
STAFF RECOMMENDATION
Based on the testimony and evidence submitted at this hearing,staff
respectfully requests the Magistrate find the respondent(s),in violation
of the Magistrates Order outlined in the Findings of Fact,Conclusions
of Law and Order and immediately impose a fine retroactive to May
22,2023 in the amount of $100.00 for the first day and $50.00
everyday thereafter until compliance is confirmed by the Code
Enforcement Officer.
CASE NO. 22-054
STARKE, RICHARD W; STARKE MARGARET M;
STARKE, TYLER B