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Home My WebLink AboutCase #22-015 Notice of ViolationNOTICE OF VIOLATION City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE NO. 22-015 Date: 3/28/2022 Owners of the property located at: 116 Jackson Ave Cape Canaveral, FL. 32920 Parcel ID: 24 -37 -23 -CG -25-12 Respondent(s): REYNOLDS, RANDALL SHANE TRUSTEE 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 property. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION TO DETERMINE COMPLIANCE. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.citvofcabecanaveral.orsr THE SPACC BETWEEN' Case No. 2022-015 Page 2 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 A recent inspection of the subject property and other relevant information conducted by the City Code Enforcement Officer revealed evidence that the property is in violation of City Code provisions. 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 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. Section. 110-491. - Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 vvww.citvofcabecanaveral.ora THE SPACC BETWEEN' Case No. 2022-015 Page 3 (1)Auditoriums, theatres, clubs, lodges, restaurants and other places of assembly. One space for each three seats or seating places or one space for every 100 square feet of floor area of the main assembly hall, whichever is greater. Section. 110-494. - Dimensions. (a)Offstreet parking spaces shall consist of a minimum paved area of 162 square feet for parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each space shall be 9 feet and minimum length shall be 18 feet. (b)Compact parking spaces. In parking areas for seven or more automobiles, up to 30 percent of the total required parking spaces may be compact. The minimum width of each space shall be 8 feet and minimum length shall be 16 feet. All compact spaces shall be prominently marked, posted and oriented to discourage use by non -compact vehicles. VIOLATION: The establishment known as Ellie Mae's Tiki Bar located at 116 Jackson Ave. is in violation of the minimum number of required parking spaces, water closets (toilets) and lavatories (sinks). Based on the seating claimed on the BTR and a site visit by staff you have 198 seats. You are required to have a parking space for every 3 seats requiring 66 parking spaces. You are also required to have a water closet for every 40 men and another for every 40 women. This requires that you have an additional 2 water closets for each sex. You are also required to have a lavatory for every 75 customers. This requires an additional two (2) lavatories. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN THIRTY DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. Reduce the number of seats to no more than 45 or provide the additional parking spaces, water closets and lavatories to meet the minimum requirements set forth in city code and Florida Building Code. Please be advised that if the owner of property that is subject to this Notice of Violation transfers ownership of such property between the time this Notice of Violation is served and the time of the hearing before the Special Magistrate, the owner of property is required by Section 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. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN' ,uww.citvotcapecanaveral.or2 Case No. 2022-015 Page 4 PL ERN YOURSELF ACCORDINGLY. VsR—o son City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7018 0680 0002 3250 9294 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 NN,ww.citvofcanecanaveral.or, THE SPACE BETWEEN" Nv ✓ dry -& Mr7 V� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article addressed to. Randall'Shane Reynolds Trustee 120 BJackson Ave Cape Canaveral, FL. 32920 A. Sign � � X fi <; 0 Addres . � Eyed by r e) C. Qatyof DO D. Is delivery address different from Item i ❑ YeS If YES, enter dellvery address below. ❑ No II I'lll�l IIII III I II III I II I II I III II I II' I II I I II 3. Service Type ❑ I Priority Mall Egress® Regii O Adult Signature- ❑ Registered MaIITM Adult signature Resbtoted Delivery 13 Registered Mail Restricted Certified Mail® Delivery 9590 9402 6268 0274 4914 83 Certified Mail ResWed Del" Ignatuaa CoMirmatlonTM _ ❑ Collect on Delivery Signature Confirmation 2. Article Number (Transfer from service label) 117 Collect on Delivery Restricted Delivery Restricted Delivery sured 7 018 0680 0002 3250 9294 sured M l Restricted Delivery' ver$500'r Ps For, 3811, July 2020 PSN 7530-02-000-9053 Ccu(; /l/0 v Domestic Return Receipt , Postal oRECEIPT Ir Domestic Mail Only rLi Er r 7 p O r I. Ln Certified Mail Fee ru M $ G Extra Services &Fees (check box, add ree eppro ats) ru ❑ Retum Receipt (hadcopy) $ � C3 Return Receipt (electronic) $ � OStmafk D > 0❑ Certlfled Mall Restricted DelNery $ �� re C3 ❑Adult sigrtatrim Required $ ��,. ❑Adult signature Restricted We y $ O CO page $ Randall Shane Reyn Total PC _ idsr0 ee-� C3 120 B Jackson Ave 29 0 a Seriro Cape Canaveral, FL. 32920 I--] 50-asi a dry -& Mr7 V� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article addressed to. Randall'Shane Reynolds Trustee 120 BJackson Ave Cape Canaveral, FL. 32920 A. Sign � � X fi <; 0 Addres . � Eyed by r e) C. Qatyof DO D. Is delivery address different from Item i ❑ YeS If YES, enter dellvery address below. ❑ No II I'lll�l IIII III I II III I II I II I III II I II' I II I I II 3. Service Type ❑ I Priority Mall Egress® Regii O Adult Signature- ❑ Registered MaIITM Adult signature Resbtoted Delivery 13 Registered Mail Restricted Certified Mail® Delivery 9590 9402 6268 0274 4914 83 Certified Mail ResWed Del" Ignatuaa CoMirmatlonTM _ ❑ Collect on Delivery Signature Confirmation 2. Article Number (Transfer from service label) 117 Collect on Delivery Restricted Delivery Restricted Delivery sured 7 018 0680 0002 3250 9294 sured M l Restricted Delivery' ver$500'r Ps For, 3811, July 2020 PSN 7530-02-000-9053 Ccu(; /l/0 v Domestic Return Receipt ,