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Home My WebLink Aboutcocc_power_point_magistrate_hearing_april_20230420CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE HEARINGAPRIL 25, 2023 CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R PRESENTED BY CODE ENFORCEMENT OFFICERCHRIS ROBINSON ADDRESS:200 MADISON AVE.CAPE CANAVERAL 32920 LEGAL:AVON BY THE SEA LOTS 9,10 & W ½ OF LOT 11 BLK 65 PARCEL ID #: 24-37-23-CG -14-9 VIOLATION IS FOR PROPERTY CONDITIONS. Section 110-486 –Vacation rentals and 110-487 –Rental restrictions on dwelling units. CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R Notification Summary Notice of violation: -1/24/2023 Returned to sender -3/2/2023 Property was posted in accordance with F.S. 162.12 Notices Notice of Hearing: -4/4/2023 Returned to sender-4/4/2023 Property was posted in accordance with F.S. 162.12 Notices Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R 1/9/23 Staff received a complaint from a Dana at 202 Madison Ave stating the property is being rented for less than 7 days and the renters are loud. Further investigation found the property on Airbnb which is being advertised and allowed to rent for less than 7 days. The property is also not registered with ProChamps and the property owner has not obtained a Business Tax receipt. 1/23/23 Staff was unable to make contact with the property owners, a notice of violation was issued. 3/2/23 Staff checked the USPS tracking system and found the certified letter has been returned to sender. The notice of violation was posted on the front door in accordance with F.S. 162.12 Notices. 4/4/23 Staff has had no contact with the property owners and a follow up revealed the violations remain. A notice of hearing was sent to the property owners and the property was posted in accordance with F.S. 162.12 Notices. Case #23-013 Synopsis CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R 4/5/23 Staff received a phone call on or around this date from Heather Parker -Jones in response to the Notice of Hearing posted on the door. Staff explained the violations and what needs to be done to come into compliance. Mrs. Parker-Jones said she would take care of it. 4/13/23 Staff spoke again with Mrs. Parker-Jones and she said she is still working on the issues but is having difficulty getting with ProChamps. Staff advised to do what she can control prior to the hearing. 4/25/23 A follow up inspection found the property owners have not registered with Pro Champs and have not obtained a Business Tax Receipt. A visit on AirBnB revealed there has been a change showing a 7 day minimum. Case #23-013 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 respondentuntilMay23,2023 to bring the property into compliance. CASE NO. 2-013JONES, DAVID D; PARKER-JONES, HEATHER R CASE NO. 22-090CLAYTON A CASTETTER II PRESENTED BY CODE ENFORCEMENT OFFICERCHRIS ROBINSON ADDRESS:7000 N ATLANTIC AVE.CAPE CANAVERAL 32920 LEGAL:AVON BY THE SEA LOTS 9,10 & W ½ OF LOT 11 BLK 65 PARCEL ID #: 24-37-23-CG -65-9 VIOLATION IS FOR PROPERTY CONDITIONS. Section 34-96 (a, b, d) Standards established, 34-122 Public nuisance prohibited, 34-181 Storing, parking or leaving on private property, 62-8 Containers required, 82-31 Florida Building Code adopted, 110-335 Prohibited uses and structures, 110-468 Accessory structures and 110-551 Location of recreational vehicles, camping equipment, boats and boat trailers. CASE NO. 22-090CLAYTON A CASTETTER II CASE NO. 22-090CLAYTON A CASTETTER II Notification Summary Magistrate Orders: -3/15/2023,R.R. 3/20/2023, CLAYTON A CASTETTER II Notice of Massey Hearing: -4/5/2023, R.R. 4/10/2023, CLAYTON A CASTETTER II Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 22-090CLAYTON A CASTETTER II 5/10/22 During a patrol of the city staff observed the rear of the property had building debris piled up from a recent renovation. The weeds in the back and sides of the building are in access of 6 inches. There are church pews taking up a parking space in the rear. An RV is parked in the rear that is being used to work on surf boards. Abandoned mechanical equipment is sitting outside. Misc. trash and debris throughout the rear of the property. Staff spoke with the property owner, Clayton Castetter about the violations. He stated he would address them ASAP. 7/7/22 Staff received a complaint from the Pawn Shop owner behind this property about trash blowing everywhere because there are only three garbage cans for 5 units. Staff spoke with Mr. Castetter and informed him a dumpster is required for a commercial building with this many tenants. He said he would contact Waste Pro and get a dumpster. 8/16/22 Staff conducted a follow up site visit and found no change to the property conditions. A Notice of Violation was generated and sent to the property owner. Case #22-090 Synopsis CASE NO. 22-090CLAYTON A CASTETTER II 10/7/22 Staff observed individuals on the roof that appeared to be repairing something. Further inspection revealed a 10’ x 20’ section of roof had been replaced due to damages from storms. Staff informed the contractor a permit was required. 11/21/22 A follow up site visit as well as a check of our database revealed no changes to the property and no permits have been obtained for the roof repair. A revised Notice of Violation was generated and sent to the property owner. 12/1/22 Staff met with the property owner and his roof contractor to go over the violations listed in the revised Notice of Violation and what needs to be done to come into compliance. Mr. Castetter advised he would address the issues. 1/2/23 A check of the database revealed a permit was obtained for the roof repair however at this time no inspections have been performed. Case #22-090 Synopsis CASE NO. 22-090CLAYTON A CASTETTER II 2/15/23 A site visit found the trash around the garbage cans had been cleaned up, the grass and weeds have been cut and the pews have been removed. The RV with an expired registration is being utilized as an accessory structure, a golf cart in disrepair being worked on and outside displays used as accessory structures in parking spaces are still present. 2/24/23 2/28/23 A site visit found the RV had been removed A site visit revealed the RV has been removed. The canopy with the golf cart under repair remains, the dumpster does not have an enclosure, the weeds are overgrown again, there is debris by the dumpster and the mechanical equipment is still outside. The roof has yet to be inspected, the permit expires on 6/26/23 Case #22-090 Synopsis CASE NO. 22-090CLAYTON A CASTETTER II 2/28/23 Magistrate ordered that respondent complete the roof repairs and all necessary inspections by June 2, 2023. By March 17, 2023 respondent shall construct an appropriate enclosure around the dumpster and obtain all required permits. Trim all grass and weeds to 6 inches or less. Remove all trash and debris not in the dumpster. Remove the golf cart. Cease the outdoor storage of the mechanical equipment, tile, and any other building supplies. Move the canopy accessory structure more than 10 feet from the building or remove it all together. 3/29/23 Staff met with the property owner and his attorney on site. The violations were covered as to what needed to be done to come into compliance.. Staff also clarified that the accessory structure could remain if it was permitted and not in the setbacks and not within 10 feet of the main structure. Case #22-090 Synopsis CASE NO. 22-090CLAYTON A CASTETTER II 4/25/23 A site visit revealed the property has been mowed and trash and debris cleaned up. The golf cart has been removed as well. An application has been submitted for a permit for the accessory structure on April 24, 2023. The dumpster still needs an enclosure and the roof repair needs a final inspection. Case #22-090 Synopsis PROPERTY REPRESENTATIVE STAFF RECOMMENDATION Based on the testimony and evidence submitted at this hearing,staff respectfully requests the Magistrate give the respondent(s),additional time to comply with the Magistrate Order,and givetherespondentuntilMay23,2023 to bring the property intocompliance. CASE NO. 22-090CLAYTON A CASTETTER II