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HomeMy WebLinkAboutCase #22-015 2nd Revised NOV(1)REVISED NOTICE OF VIOLATION (RENOV) THE CITY OF CAPE CANAVERAL CASE NO. 2022-015 A Florida Municipal Corporation, Date: 6/16/2023 Complainant, a Owners of the property located at: 116 Jackson Ave Cape Canaveral, FL. 32920 Parcel ID: 24 -37 -23 -CG -25-12 Respondent(s): Ellie Mae's Tiki Bar Inc. Peggy Schaller PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is required to be performed within thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing, Respondent(s) may be required to attend a hearing before the Special Magistrate for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Special Magistrate may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected, and, in addition, may include all costs of repairs. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator which can be satisfied by foreclosure and sale of said property and other personal or real properly. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST Case No. 2022-015 Page 2 IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. 1. Property where violation(s) exit(s): 116 Jackson Ave Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Randall Shane Reynolds Trustee 120 B Jackson Ave Cape Canaveral, FL. 32920 On August 16, 2022 City Council voted unanimously for a stay on enforcing parking regulations for businesses under Code Section 110-491 (1). Due to this ruling Code Enforcement has revised this Notice of Violation to remove any violation of Section 110-491 (1). A summary of the applicable City Code provisions and existing condition of the property is set forth below. ARTICLE II. - BUILDING CODE (FLBC) Section 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. Section 90-131(8,9). - Required. No person may subdivide or make any changes in the use of land or build or rebuild a structure or change its size, except as exempt in section 90-132, without first obtaining a site development permit from the city building department as provided in this Code. Since the following activities may alter or disrupt existing stormwater runoff patterns, they shall, unless exempt pursuant to section 90-132, require the issuance of a site development permit prior to onset by paying a fee as set forth in appendix B to this Code: (8) Alteration of ditches, terraces, berms, swales or other stormwater management facilities. (9) Increasing the impervious area of any unit of land. Section 110-555. - Paving of vehicular use areas. All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved. Case No. 2022-015 Page 3 Section 403 MINIMUM PLUMBING FACILITIES (FLBC) 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum number as shown in Table 403.1, based on the actual use of the building or space. Uses not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the Florida Building Code, Building. 403.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fixtures ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such as fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. VIOLATION: The establishment known as Ellie Mae's Tiki Bar located at 116 Jackson Ave. is in violation of the minimum number of required water closets (toilets) based on the Fire Department's total allowable occupant load (202) and the Florida Building Code (1 water closet for -every 40 men, 1 water closet for every 40 women). The water retention area and ditch were filled in with landscaping rocks to create a driveway without a permit. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: - In accordance with Florida Building Code and based on the total occupant load as authorized by the Fire Department. The requirement for compliance is to install three (3) water closets for men and three (3) water closets for women. - A city building permit is required to install the (4) four additional water closets. You must contact the City of Cape Canaveral building department to apply for and obtain a permit. Once all work has been completed and approved, a final approved inspection is required to bring the property into compliance with this RENOV. - A city building permit is required to fill in the water retention area and ditch to create a driveway. You must contact the City of Cape Canaveral building department to apply for and obtain a permit. Once all work has been completed and approved, a final approved inspection is required to bring the property into compliance with this RENOV. *Table 403.1 (FLBC) Minimum Number of Required Plumbing Fixtures has been attached for your reference. Please be advised that if the owner of property that is subject to this Revised Notice of Violation transfers ownership of such property between the time this Revised Notice of Violation is served and the time of the hearing before the Special Magistrate, the owner of property is required by Section Case No. 2022-015 Page 4 162.06(5), Florida Statutes to disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the owner; disclose, in writing, to the prospective transferee that the new owner of the property will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and file a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. Failure to provide such written disclosures creates a rebuttable presumption of fraud. Please immediately contact Code Enforcement Officer Chris Robinson, at 321-868-1220, Ext. 116 regarding any questions and additional information you may need concerning this Notice of Violation. PLEA V YOURSELF ACCORDINGLY. 4 ^� Chris Robinson J� City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7018 0680 0002 3250 9447 CC: Randall Shane Reynolds 120 Jackson Ave. B Cape Canaveral, FL. 32920 TABLE 403.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (See Sections 403.1.1 and 403.2) NO. CLASSIFICATION DESCRIPTION WATER CLOSETS (URINALS: SEE SECTION 424.2) LAVATORIES BATH' - - - - SH01 MALE FEMALE MALE FEMALE 1 Assembly Theaters and - F other buildings for the performing arts 1 per 125 1 per 65 1 per 200 - and motion picturesd Nightclubs, bars, taverns, dance halls 1 per 40 1 per 40 1 per 75 and buildings for similar purposesd Restaurants, banquet halls 1 per 75 1 per 75 1 per 200 and food courts �1 per 100 for the first 400 1 per 50 for the 1 per 250 for the Casino gaming and 1 per 250 first 400 and 1 first 750 and 1 per areas for the per 150 for the 500 for the - remainder remainder remainder exceeding 400 exceeding 400 exceeding 750 Auditoriums without permanent seating, art galleries, exhibition halls, 1 per 125 1 per 65 1 per 200 - museums, lecture halls, libraries, arcades and gymnasiumsd Passenger terminals and 1 per 500 1 per 500 1 per 750 - transportation facilitiesd Places of worship and other religious 1 per 150 1 per 75 1 per 200 - servicesd I_ _ Coliseums, 1 per 75 for the 1 per 40 for the 1 per 1 per - arenas, skating first 1,500 and first 1,520 and 200 150 rinks, pools 1 per 120 for 1 per 60 for the and tennis the remainder remainder courts for exceeding exceeding indoor sporting 1,500 1,520 events and activities Stadiums, amusement 1 per 75 for the 1 per 40 for the parks, first 1,500 and first 1,520 and bleachers and 1 per 120 for 1 per 60 for the 1 per 1 per grandstands the remainder remainder 200 150 _ for outdoor exceeding exceeding sporting events 1,500 1,520 and activitiesf Buildings for the transaction of business, professional services, other services 1 per 40 for the involving 1 per 25 for the first 50 and 1 per first 80 and 1 per 2 Business merchandise, 50 for the remainder exceeding 50 g0 for the - office remainder buildings, exceeding 80 banks, ambulatory care, light industrial and similar uses 3 Educational Educational facilities 1 per 50 1 per 50 - Structures in which occupants are engaged in 4 Factory and work 1 per 100 1 per 100 - industrial fabricating, assembly or processing of products or materials 5 Institutional Custodial care 1 per 10 1 per 10 1 p1 facilities Medical care recipients in 1 per room 1 per room 1 pe hospitals and nursing homes Employees in hospitals and 1 per 25 1 per 35 - nursing homesb Visitors in hospitals and 1 per 75 1 per 100 - nursing homes Prisonsb 1 per cell 1 per cell 1 pe Reformitories, 1 per 15 1 per 15 1 pe detention centers, and correctional centersb L Employees in reformitories, detention 1 per 25 1 per 35 - centers and correctional centers Adult day care and child day 1 per 15 1 per 15 care Retail stores, service stations, 6 Mercantile shops, salesrooms, 1 per 500 1 per 750 - markets and shopping centers Hotels, motels, hoboarding 1 per sleeping unit 1 per sleeping unit sleep ii (transient) Dormitories, fraternities, sororities and 1 per 10 1 per 10 1 p boarding houses (not transient) Aparthouse 1 per dwelling unit 1 per dwelling unit dwellh 7 Residential Congregate living facilities 1 per 10 1 per 10 1 PI with 16 or fewer persons One- and two- family dwellings and 1 F lodging houses 1 per dwelling unit 1 per dwelling unit dwellir with five or fewer guestrooms 1 per 100 l 8 Storage Structures for 1 per 100 the storage of goods, warehouses, storehouse and freight depots. Low and Moderate Hazard. indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the Florida Building Code, Building. _ _ .,o m_ �... �..e .�.r. ,,,, o.,e .,,.m e� a �a e.,a a.,e o.,e-o�,. _e�., ..o .� .,,o.e _., •,,..� ® e�., .�., ©., _ �,P .,o �� _ _ o .A..T.`�e' r�+o� _ w _sc ro _n s e_.� r.o u., __ .�_ _��� •o _ b••e .eom _.. p.ov _ or. =r p. ve r o� a �•b .00.,, �.�� _ f. The required number and type of plumbing fixtures for outdoor public swimming pools shall be in accordance with Section 403.6. 403.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. Exception: The total occupant load shall not be required to be divided in half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex. �C/Vo V- CiryState; Cape Canaveral, FL. 32920 R- .. )_ q3 For delivery 'inform MOP, V115it our vuebsite at ww-e!,,Fps;com*, NCertified Mail Fee rte) Extra Services & Fees (checxbox, add tee as r=1❑ Return Receipt (hardcopy) $ , 0 ❑Return Receipt (electronic) $ `•j'-' UL oS 19 .� C3 ❑Certified Mail Restricted Delivery $ 0 []Adult Signature Required $ t E] Adult Signature Restricted Delivery $ O Postage m , m Totamost: Randall Shane R 329 ru Trusteeru Sent To _ 120 B Jackson Ave. N Siieef and. 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