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HomeMy WebLinkAboutcocc_power_point_magistrate_hearing_January_20230118CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE HEARINGJANUARY 24, 2023 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 Violation: -4/29/2022,R.R. 5/6/2022, STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B Magistrate’s Order: -11/4/2022, R.R. 11/9/2022, STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B Notice of Continued Hearing: -12/19/2022, R.R. 12/23/2022, STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 22-054 STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B 4/25/22 Staff received a report from ProChamps that there is a vacation rental at this address not registered with them. They sent a letter notifying the property owner of the requirement, but they still have not registered and are still renting (4) four units. Further inspection (Airbnb) revealed the property is listing (4) four units for rent, which is more than density permits. Staff generated a notice of violation and sent it to the property owner. 5/12/22 Staff spoke with the property owner about the notice of violation and explained the property needs to be registered with ProChamps as a vacation rental and the property density only allows for two units. She was permitted to have a third unit by City administration but not (4) four. 6/6/22 Staff spoke with the owner and was informed, Airbnb should now reflect only (3) three units for rent and she is going to register with ProChamps. 8/17/22 A follow-up revealed the property is still not registered with ProChamps and Airbnb shows that units #1 and #2 have been combined into one unit but can be rented separately. The property still has (4) four distinct units. Case #22-054 Synopsis CASE NO. 22-054 STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B 10/11/22 A follow up revealed no change from the August follow up. 10/20/22 Staff received a call from the property owner ( Margie Starke ) who stated she doesn’t feel she should have to give up the fourth unit because she purchased the property that way. Staff informed her the property only had three units when she purchased it. Staff informed her that she converted the shed into a living unit after she purchased it bringing the property to 4 units. She said this was not true and it was always 4 units. A check of the taxing history and permit history of the property shows that it was built in 1964 as a single family home. In 1980 a second story (separate unit) was permitted and built, bringing the property to two units. Sometime prior to 2014 a third unit was added without permits and in violation of density codes. Case #22-054 Synopsis CASE NO. 22-054STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B 10/20/22 Cont.This unit was created in the original single family unit separating it into two distinct units. The 2016 tax history shows the property paid taxes on a triplex. In 2017 the Starks purchased the property and staff conducted a site visit for a complaint. While on site staff observed the shed that is now a full residence, and saw that it was just a shed. The 2017 tax history shows the Starks paid taxes on a triplex. Since that time the shed was converted to its current state and in 2018 the Starks paid taxes on a three or four units -not attached (BCPAO Property Use Code). Based on the tax history and what staff observed in a 2017 visit, the property was never a four unit property until the Starks turned it into one in 2018. 10/25/22 Case was presented to the Magistrate who heard testimony and tabled the proceedings until January 2023 Case #22-054 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 February 8,2023 to bring the property into compliance. CASE NO. 22-054 STARKE, RICHARD W; STARKE MARGARET M; STARKE, TYLER B CASE NO. 22-093 ANTONIO ROMANO & LIDIA ROMANO PRESENTED BY CODE ENFORCEMENT OFFICER KEVIN COSTA ADDRESS:618 MADISON AVE CAPE CANAVERAL FL 32920 LEGAL:AVON BY THE SEA LOT 15 & VACATED ST ON E BLK 18 PARCEL ID #: 24-37-23-CG-18-15 VIOLATION IS FOR PROPERTY MAINTENANCE. Sections 302 Exterior property areas, 304 Accessory structures, 306 Component serviceability of the International Property Maintenance Code. CASE NO. 22-093 ROMANO, ANTONIO; ROMANO, LIDIA CASE NO. 22-093 ROMANO, ANTONIO; ROMANO, LIDIA Notification Summary Notice of Violation: -6/12/2022,R.R. 6/17/2022, ROMANO, ANTONIO; ROMANO, LIDIA Notice of Hearing: -12/28/2022, ROMANO, ANTONIO; ROMANO, LIDIA;P.P. 1/13/2023 IN ACCORDANCE WITH F.S. 162.12. Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 22-093 ROMANO, ANTONIO; ROMANO, LIDIA 6/16/22 NOV sent to property owner regarding the condition of dwelling. 6/22/22 Code officer Mayberry met with the property owner who stated, no work is set to commence prior to permits being obtained. The property owner also stated a surveying crew is scheduled to begin with following two weeks. 8/3/22 Case is assigned to officer Costa due to Officer Mayberry changing positions. 9/15/22 A re-inspection revealed the property was still in violation. 12/29/22 Notice of hearing sent to property owner. 1/10/23 Owner contacted staff regarding drawings he has of the proposed renovations. 1/13/23 Property posted with Notice of Hearing in accordance with F.S. 162.12. Case #22-054 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 February 27,2023 to bring the property into compliance. CASE NO. 22-093 ROMANO, ANTONIO; ROMANO, LIDIA CASE NO. 22-143 LAURA IRWIN PRESENTED BY CODE ENFORCEMENT OFFICER CHRIS ROBINSON ADDRESS:290 CANAVERAL BEACH BLVD.CAPE CANAVERAL 32920 LEGAL:CANAVERAL BEACH VILLAS LOT 1 PARCEL ID #: 24-37-14-92-*-1 VIOLATION IS FOR OPERATING A VACATION RENTAL FOR LESS THAN 7 DAYS AND NON PAYMENT TO PROCHAMPS. Section 110-486 Vacation rentals, of the City of Cape Canaveral Code of Ordinances. CASE NO. 22-143 LAURA IRWIN CASE NO. 22-143 LAURA IRWIN Notification Summary Notice of Violation: -8/18/2022,LETTER RETURNED TO SENDER, PROPERTY POSTED 9/20/2022 Notice of Hearing: -12/22/2022, LETTER RETURNED TO SENDER, PROPERTY POSTED 12/22/2022 Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 22-143 LAURA IRWIN 6/10/22 Staff received a report from ProChamps that there is a vacation rental at this address not registered with them. They sent a letter notifying the property owner of the requirement, but they still have not registered and are still renting unit. Further inspection (Airbnb) revealed the property is listing the unit for rent, and renting for less than 7 days. Staff generated a courtesy letter and sent it to the property owner. 7/13/22 There has been no contact with the property owner and the property is still renting for less than 7 days and Pro Champs has yet to receive payment for the 2021-2022 year. A notice of violation was generated and sent. 9/20/22 The notice of violation was returned unclaimed. The property was posted. 12/22/22 A follow up revealed Pro Champs has received payment for the 2022- 2023 year but still nothing for 2021-2022 year. The unit is still being rented for less than 7 days. Case #22-054 Synopsis CASE NO. 22-143 LAURA IRWIN 12/28/22 Staff received a call from the property owner Laura Irwin about the notice recently posted on her door. She said she has paid Pro Champs and is no longer renting for less than 7 days. Staff informed her she has paid for the 2022-2023 year but still owes for 2021-2022 year. 1/2/2023 No payment has been made for the 2021-2022 year. Case #22-054 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 February 8,2023 to make a payment of $300.00 to Pro Champs for the 2021-2022 year. CASE NO. 22-143 LAURA IRWIN CASE NO. 22-167 RICHARD A THEISEN PRESENTED BY CODE ENFORCEMENT OFFICER CHRIS ROBINSON ADDRESS:8150 ASTRONAUT BLVD.CAPE CANAVERAL 32920 LEGAL:S 160 FT OF N 356 FT OF NW 1/4 OF NW 1/4 LYING E OF NEW ST RD 401 EX E 225 FT W OF OLD A1A RD PARCEL ID #: 24-37-23-00-254-1 VIOLATION IS FOR WORK WTHOUT A PERMIT AND PROPERTY CONDITIONS. Section 34-96 Standards established, 34-98 Building appearance and maintenance, 82-31 Florida Building Code adopted, of the City of Cape Canaveral Code of Ordinances. CASE NO. 22-167 RICHARD A THEISEN CASE NO. 22-167 RICHARD A THEISEN Notification Summary Notice of Violation: -Sent 8/10/2022, letter received 8/12/2022 to RICHARD A THEISEN Notice of Hearing: -Sent 12/19/2022, letter received 12/27/2022 to RICHARD A THEISEN, property also posted on 12/27/2022 Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 22-167 RICHARD A THEISEN 8/10/22 Staff received a complaint from a tenant that there are several issues with the building and unpermitted work that has been done on the property. Staff met with the tenant, Travis St Peter, at the property where several issues were observed. At the front an exterior staircase was falling apart and a danger, the ceilings inside were falling in and insulation was hanging down, a metal framed wall had been installed creating what appears to be a future bathroom, the concrete floor was cut open with new plumbing installed in this future bathroom, a new roll up exterior door in the rear was installed and an entry door beside it was also installed. There are no permits for any of this work. 8/10/22 A notice of violation was generated and sent to the owner. 8/12/22 Staff sent an email to the property owner Richard Theisen, but never got a response. 12/19/22 Several follow up site visits and checks of the database found no change and the violations remain. A notice of hearing was sent to the property owner. Case #22-054 Synopsis CASE NO. 22-167 RICHARD A THEISEN 12/25/22 Staff checked the USPS database and found the notice of hearing had not been accepted, so the property was posted. 12/29/22 Staff received a phone call from the owner in response to the posting. He stated he would like to meet at the property after the new year to discuss. Staff informed him we would be available anytime. He said he would call around 1/10/23. Staff has yet to hear from the property owner. 1/24/23 No permits have been applied for,no repairs appear to have been made and staff has had no contact with the owner. Case #22-054 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 February 27,2023 to bring the property into compliance. CASE NO. 22-167 RICHARD A THEISEN CASE NO. 21-090 RICHARD VIRGOVIC & MARTINA VIRGOVICOVA PRESENTED BY CODE ENFORCEMENT OFFICER CHRIS ROBINSON ADDRESS:111 BUCHANAN AVE.CAPE CANAVERAL 32920 LEGAL:Avon By The Sea Lot 6 BLK 65 PARCEL ID #: 24-37-23-CG-65-6 VIOLATION IS FOR WORK WITHOUT A PERMIT. Section 82-31 Florida Building Code, Section 110-468 Accessory Structures-of the City of Cape Canaveral Code of Ordinances. CASE NO. 21-090 RICHARD VIRGOVIC;MARTINA VIRGOVICOVA CASE NO. 21-090 RICHARD VIRGOVIC; MARTINA VIRGOVICOVA Notification Summary Findings of Fact, Conclusions Of Law and Order: -11/4/2022,R.R. 11/15/2022, RICHARD VIRGOVIC; MARTINA VIRGOVICOVA Notice of Hearing: -1/13/2023 SENT CERTIFIED AND HAND DELIVERED TO RICHARD VIRGOVIC, 1/17/2023 CERTIFIED LETTER ACCEPTED Brevard County Property Appraiser Aerial * The red lines are used as a reference and not deemed to be accurate. CASE NO. 21-090 RICHARD VIRGOVIC; MARTINA VIRGOVICOVA 10/25/21 Magistrate ordered, the property owner shall remove the three accessory structures within the five foot setback along the east side of the property line. The Magistrate order also stipulated, if the property owners wish to rebuild any structure exceeding 100 square feet, they must submit complete applications for, and obtain building permits. 12/27/22 Staff was asked to inspect the new location of the huts at the property. The huts are no longer in the setbacks but the two smaller huts still exceed the seven foot height maximum for temporary structures. 1/13/23 Staff has had no contact with owner and no permits have been applied for. A notice of Massey hearing was generated and sent out. Later the same day the owner was in City Hall speaking with the Building Official about the needed permits. The owner was hand delivered the notice of hearing and staff explained what he needed to do to comply. Case #21-090 Synopsis CASE NO. 21-090 RICHARD VIRGOVIC; MARTINA VIRGOVICOVA 1/14/23 The property owner came to City Hall to show a receipt for the plumbing done on the hut. Staff explained that the plumbing was never permitted. He was told he needed to reach out to the contractor and have them obtain a permit. 1/17/23 Drost Electric applied for a permit to re-connect the electrical service after the hut was removed. The Building Official denied the permit and informed the contractor this was not a re-connect but a completely new service that was never permitted. No permit application for the plumbing has been submitted at this time. 1/24/23 A plumbing permit was issued on 1/17/23 and an electrical permit was issued on 1/19/23, neither have been inspected. The tiki huts have been moved out of the setbacks, but the two smaller ones are still too high for temporary structures. If they are to be permanent structures that must be permitted, attached to the ground and have inspections. Case #21-090 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 Magistrates Order outlined in the Findings of Fact,Conclusions of Law and Order and immediately impose a fine 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. 21-090 RICHARD VIRGOVIC; MARTINA VIRGOVICOVA