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CITY OF CAPE CANAVERAL
SPECIAL MAGISTRATE
CODE ENFORCEMENT HEARING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
HEARING DOCKET
January 23, 2024 6:00 PM
Pursuant to Chapter 162, Florida Statutes, Chapter 2, Division 2 and/or Chapter 82, Article IX (IPMC) of
the City Code, and other applicable provisions of law, the Special Magistrate of the City of Cape
Canaveral will conduct quasi-judicial evidentiary proceedings regarding the code enforcement cases
listed below.
CALL TO ORDER
ADMINISTRATIVE BUSINESS:
1. Establish Next Hearing Date: February 27, 2024
2. Approval of Hearing Minutes: October 24, 2023 and December 7, 2023
NEW CODE ENFORCEMENT CASES:
1. Case No. 22-077 – Violations 105.1 Permits, Florida Building Code; 110.1 Inspections, Florida
Building Code; Section 110-194 Nonconformities (a) No such nonconforming use shall be
enlarged or increased, nor extended to occupy a greater area of land than was occupied at
the adoption or subsequent amendment of the City Code; unless such use is changed to a
use permitted in the district in which such use is located; (b) No such nonconforming use
shall be moved in whole or in part to any other portion of the lot or parcel occupied by such
use at the adoption or subsequent amendment of the City Code; (c) No additional structures
which do not conform to the requirements of the City Code shall be erected in connection
with such nonconforming use of land. City of Cape Canaveral Code of Ordinances; (119
Justamere Rd.) Michael E. Pollard, Property Owner.
2. Case No. 23-108 – Violations of Section 94-76 Temporary on-premises signs, City of Cape
Canaveral Code of Ordinances; Section 94-62(a) Abandoned and hazardous signs, City of
Cape Canaveral Code of Ordinances; (6992 N. Atlantic Ave.) Joyce M Sale, Trustee.
3. Case No. 23-220 – Violations of Section 70-67 Levied, City of Cape Canaveral Code of
Ordinances; Section 70-68 Violation; penalty, City of Cape Canaveral Code of Ordinances;
Section 70-69 Receipt required; payment of tax prerequisite to issuance, City of Cape
Canaveral Code of Ordinances; Section 70-71 Engaging in business without paying tax or
making reports, City of Cape Canaveral Code of Ordinances; Section 82-31 Florida Building
Code, 105.1 Required, Florida Building Code; \[A\] 110.1 General, Florida Building Code; (8710
Hibiscus Ct.) Giles Malone, Property Owner.
City of Cape Canaveral
Special Magistrate
Hearing Docket
January 23, 2024
Page 2
COMPLIANCE (MASSEY HEARING) CODE ENFORCEMENT
1. Case No. 22-308 - Violations of Section 70-69 Receipt required; payment of tax
prerequisite to issuance, City of Cape Canaveral Code of Ordinances; 504.1 General,
International Property Maintenance Code; 504.3 Plumbing system hazards, International
Property Maintenance Code; Section 704 Drainage Piping Installation Florida Building
Code; Section 704.2 No reduction in size in the direction of flow, Florida Building Code;
(404 Tyler Ave. Unit 6) Tchistiakova, Ludmilla, Property Owner.
2. Case No. 23-366 – Violations of Section 108.1 General, International Property Maintenance
Code; 108.5 Prohibited occupancy, International Property Maintenance Code; 108.6
Abatement methods, International Property Maintenance Code; 302.1 Sanitation,
International Property Maintenance Code; 304.1 General, International Property
Maintenance Code; 304.1.1 Unsafe Conditions, International Property Maintenance Code;
304.2 Protective treatment, International Property Maintenance Code; 304.6 Exterior Walls,
International Property Maintenance Code; 304.7 Roofs and drainage, International Property
Maintenance Code; 304.10 Stairways, decks, porches and balconies, International Property
Maintenance Code; 304.12 Handrails and guards, International Property Maintenance Code;
304.15 Doors, International Property Maintenance Code 306.1 General, International
Property Maintenance Code; 306.1.1. Unsafe conditions, International Property Maintenance
Code; 307.1 General, International Property Maintenance Code; (120 Jackson Ave.) Randall
Shane Reynolds, Trustee, Property Owner.
APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC):
None
OTHER SPECIAL MAGISTRATE RELATED BUSINESS:
None
ADJOURNMENT
Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the
aforementioned code enforcement cases. However, requests for satisfaction, release and reduction
of lien are handled pursuant to Section 2-260 of the City Code where under the special magistrate
shall review and consider the application for reduction or release of lien in an advisory capacity and
shall render a written recommendation to the city council based on findings of fact and law to either
approve, approve with conditions, or deny the application for reduction or release of lien. The
proceedings are open to the public, but the Special Magistrate reserves the right not to hear from
non-interested parties because of the evidentiary nature of the proceeding. Orderly conduct and
proper decorum will be maintained during the proceedings. The Special Magistrate may postpone,
City of Cape Canaveral
Special Magistrate
Hearing Docket
January 23, 2024
Page 3
recess, reschedule or cancel any or all of the cases or applications for lien reduction or release listed
on this docket. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public
that: If a person decides to appeal any decision made by the Special Magistrate with respect to any
matter considered at this meeting, with the exception of applications for lien reduction or release
which are non-final recommendations to the City Council, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing
assistance to participate in the proceedings should contact the Building Department (321) 868-1220
48 hours in advance of the meeting.