Loading...
HomeMy WebLinkAboutCase #23-366 Amended Magistrate Order 20240124SPECIAL MAGISTRATE OF THE CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. CASE No. 23-366 RANDALL SHANE REYNOLDS, TRUSTEE 120 Jackson Ave. Cape Canaveral, FL 32920, Respondent. AMENDED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER This cause came before the Special Magistrate of the City of Cape Canaveral on December 7, 2023, to determine whether the Respondent, RANDALL SHANE REYNOLDS, TRUSTEE and the Subject Property were in violation of the Cape Canaveral City Code, and at a Massey hearing to determine whether to impose fines, on January 23, 2024, regarding that certain real property located at 120 Jackson Ave. Cape Canaveral, FL. 32920 (the "Subject Property"). Having heard testimony, evidence, and being duly advised, the Special Magistrate hereby declines to assess fines at this time and instead issues this Amended Findings of Fact, Conclusions of Law, and Order with a new compliance deadline of January 28, 2024, in which to cover exposed rails in the newly installed fence and to secure plywood around the front and exposed side of the staircase at issue. FINDINGS OF FACT 1. Respondent owns the Subject Property in his capacity as Trustee. 2. The Subject Property sustained fire damage to the center downstairs laundry/storage room. The Respondent indicated his intentions are to repair the building. He is 1 waiting for insurance funds to cover those repairs, which he testified his Father's passing has delayed. 3. The garage door was not secured and had holes in it, created by the firefighters who needed to access the building's interior to fight to fire. The garage door was not closed and secured. Clutter inside the garage was visible to those passing -by. 4. A guardrail on the staircase to the residential units is loose, posing a safety hazard. 5. The roof balcony outside the residential units has no guardrail to prevent a fall and is a safety hazard. 6. The City's Building Official declared and posted the residential units as unfit for human occupancy due to damage from the fire directly below. Officer Robinson and authorized tenants in the building observed unauthorized vagrants living on mattresses in the residential units and in a utility closet adjacent to where the fire occurred. One of the unauthorized tenants is a family member of Mr. Reynolds. These areas were not secured to prevent entry. 7. On November 2, 2023, the City served a Notice of Violation on the Respondent, via certified mail, but it was not claimed. The City also posted the Notice of Violation at the Subject Property and at City Hall on November 3, 2023. 8. The City served a Notice of Hearing dated November 13, 2023 on the Respondent via posting by the Code Officer at the Subject Property and at City Hall on the same date. Mr. Reynolds and Officer Robinson subsequently discussed the matter. Mr. Reynolds appeared and testified at the Special Magistrate's hearing and at the subsequent Massey hearing. 9. On December 13, 2023, the City sent the Special Magistrate's December 11, 2023 initial Findings of Fact, Conclusions of Law and Order to Respondent, which was received and hand -delivered to Respondent on January 16, 2024. 2 10. The original Order established a compliance deadline of December 22, 2023 to; a. Pull the necessary permit and demolish the staircase leading to the upstairs dwelling units at the Subject Property; and b. Secure the garage door, including boarding over, or otherwise covering the holes so that unauthorized persons cannot gain access to the garage and so that the clutter inside the garage is not visible to those outside; and c. Secure the utility closet where one or more vagrants was living so that unauthorized persons cannot gain access to it. 11. On December 25, 2024, Respondent advised the City of difficulty finding a contractor to demolish the staircase. 12. As of January 9, 2024, Respondent had installed a 6 foot high fence to block access to the staircase. He had also secured the garage and utility closet by boarding over the openings to the City's satisfaction, in compliance with the Special Magistrate's Order. 13. In the newly -installed fence, however, a gap between two fence posts or pickets allow a possible means of climbing over the fence by a person who could use the exposed horizontal rails as footers. At the hearing on January 23, 2024, Respondent agreed to install a 2 x 4 piece of lumber to seal the gap and block possible access to the fence rails, by Sunday, January 28, 2024. 14. Also at the hearing on January 23, 2024, Respondent committed to installing a secured plywood box around the front and exposed side of the staircase as a secondary means of blocking access to the staircase, by Sunday, January 28, 2024. 3 CONCLUSIONS OF LAW The City's service of the Notice of Violation, Notice of Hearing as to the original hearing, service of the Special Magistrate's initial Findings of Fact, Conclusions of Law and Order, and Notice of Massey Hearing all complied with the Section 2-253 of the City Code and Florida Statutes §§ 162.06 and 162.12. 2. The City adopted by reference the International Property Maintenance Code (the "IPMC") at section 82-221 of the City Code. 3. Respondent and the Subject Property remain in violation of Section 108 of the IPMC, which states in pertinent part as follows: SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 4. Respondent and the Subject Property remain in violation of Section 302 of the IPMC, which states in pertinent part: SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 5. Respondent and the Subject Property remain in violation of Section 304 of the IPMC, which states in pertinent part: SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304. 7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and- hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 6. Respondent and the Subject Property remain in violation of Section 306 of the IPMC, which states in pertinent part: SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 6. Wood that has been subjected to any of the following conditions: 6.4. Fire damage beyond charring; 6.8. Inadequate support. 0 7. Respondent and the Subject Property remain in violation of Section 307 of the IPMC, which states in pertinent part: SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762mm) in height or more than 42 inches (1067mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall be not less than 30 inches (762mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. AMENDED ORDER BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 2. The Respondent shall, by no later than Sunday, January 28, 2024: a. Bolt and secure plywood to the main building and staircase, to form a box blocking the front and exposed side of the staircase leading to the upstairs dwelling units at the Subject Property in accordance with the City's Exhibit "A," appended hereto. The plywood shall extend to the approximate height of the gutter on the main building; and b. In the newly -installed fence, install a 6 foot high 2 x 4 piece of lumber to completely cover and seal the gap between the two fence posts or pickets so that the horizontal rails are no longer exposed to a person who could attempt to use the exposed rails to climb the fence. 7 3. The Respondent shall, by no later than Friday, March S, 2024, obtain any required permits and, within the time allowed by the permit: a. Repair all damage caused by the fire at the Subject Property. b. Repair or replace the garage door so that it is functional. c. Rebuild a new staircase in compliance with the City Code with secure guardrails. d. Install guardrails on the roof/balcony outside the upstairs residential units. e. Continue to secure and prevent occupancy of the upstairs units and utility closet by any authorized persons. 4. Based on Respondent's good faith efforts to comply with the December 22, 2023 deadline set forth in the Special Magistrate's initial Order, including installation of the fence and secured boarding of the garage and utility closet, and given the unavailability of a contractor to demolish the staircase during the holiday season, no fines shall be assessed at this time. 5. However, if Respondent fails to comply within the time -periods set forth in this Amended Order, the Code Enforcement Officer shall schedule a compliance hearing before the Special Magistrate and duly notify Respondent of the hearing in accordance with law. Respondent shall have an opportunity to appear and present testimony and evidence as to whether the violations are continuing on the Subject Property. 6. The Special Magistrate shall make a final determination at a compliance hearing whether Respondent has achieved compliance, and if not, will impose fines. Upon a finding that the Subject Property remains in violation, the Special Magistrate shall issue a fine in an amount up to $250.00 per day, per violation for a first violation and up to $500.00 per day for each repeat violation, per violation, until the Respondent has corrected the violation. N In addition, a fine may include any costs of repair incurred by the City as well as the City's enforcement costs. 7. Any fines which may be imposed upon proper recording shall become a lien in favor of the City on the Subject Property and upon any other real or personal property of the Respondent, pursuant to Section 2-252(e) of the City Code and Florida Statutes § 162.09(3). 8. All non -homestead real property subject to a code enforcement lien is subject to foreclosure pursuant to Florida Statutes § 162.09(3) and the City may obtain an award of its costs, including a reasonable attorney's fee, pursuant to Florida Statutes § 162.10. DONE AND ORDERED at Cape Canaveral, Florida, this 24th day of Janua 2024. RICHARD S. GEL Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me b h sical presence or online notarization oq this ' LA*" day of 2024 by Richard S. Ge en Said person (check one) M is personally kAp'� prod ced a driver's license (issued by a state of the United States) as identificati"o �"Hr*i{ Z other identification to wit: ,., g' C''• s i MY COMMISSION EXPIRES 1-13-2028 (Affix Notary Sed Notary Public - State of Florida OF FLO��•'p�`�� NOTICE OF RIGHT OF APPEAL: Respondent is hereby notified that they or any party who may be aggrieved by this Order, including the City of Cape Canaveral, has the right to appeal this Order to the Circuit Court in and for Brevard County, Florida, within thirty (30) days of the rendition of this Order as set forth in Florida Statutes § 162.11. The party appealing has the obligation to submit a complete record of the proceedings. CERTIFICATE OF SERVICE I hereby certify that I furnished a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order on Violation(s) by certified and regular U.S. Mail and by hand -delivery to the Respondent, RANDALL SHANE REYNOLDS, TRUSTEE, 120 Jackson Ave. Cape Canaveral, FL. 32920, this � day of January, 2024. Code Enforcement S.\RSG\CLIENTS\Cape Canaveral. City eASpecial Magistrate Services C761-25271WearingsWearings 2024Van. 2024\Findings of Fact Conclusions of Law & Order (AMENDED) (Reynolds, Trustee) - rsg - 124 24.doex 10 A 1- Qu r% - ❑tyMail s® m E nj �.�rfified Fee S $ Extra Services. & Fees (check box, adc $I ❑ Adult Signature ❑ Return Receipt (hardcopy) r3 ❑ Return Receipt (electronlc) $ C3 ❑Ce tied Mail Restricted Delivery $ © E] Adult Signature Required $ E] Adult Signature Restricted Delivery $ C3 M Postage M $ REYNOLD! , r, I Total Post ru $ TRUSTEE fu Sent To Street and 120 B JACKSON AVE _ _ ..... --A 1 rl ^f7A'1A m Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. I: Attach this card to the back of the mailpiece, or on the front if space permits. i ANi.ln Arlrlm-ri +n - REYNOLDS, RANDALL SHANE TRUSTEE 120 B JACKSON AVE CAPE CANAVERAL FL 32920 A. _ ❑ Agent ❑ Addressee by {Printed Name) I C. Date of Deliven, D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 0 3. Service Type ❑tyMail s® ❑ Adult Signature ❑Registered MailTm III�III'IIIIII'IIIII�III�IIIIIIIIIIIIIIIIIIIII ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 8021 2305 1869 05 0 Certified Mail® ❑ Certified Mail Restricted Delivery Delivery IdSignatureConfirrnationT1" I ❑ Collect on Delivery ❑ Signature Confirmation 2. Article Number (Transfer from service /abeb ❑ Collect on Delivery Restricted Delivery Restricted Delivery 7022 3330 0001 4727 8 317 fired Mail I$ Mail Restricted Delivery PS f=orm 3811, July 2020 PSN 7530-02-000-9053 QAX0 Domestic Return Rect3ipt 1