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HomeMy WebLinkAboutCase #23-366 Magistrate Order 20231211SPECIAL MAGISTRATE OF THE CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. CASE No. 23-366 R.ANDALL SHANE REYNOLDS, TRUSTEE 120 Jackson Ave. Cape Canaveral, FL 32920 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, regarding that certain real property located at 120 Jackson Ave. Cape Canaveral, FL. 32920 (the "Subject Property"), to determine whether the Respondent, RANDALL SHANE REYNOLDS, TRUSTEE and the Subject Property are in violation of the Cape Canaveral City Code. Having heard testimony, evidence, and being duly advised, the Special Magistrate issues the following Findings of Fact, Conclusions of Law, and Order. 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 waiting for insurance funds to cover those repairs, which he testified his Father's passing has delayed. 3. The garage door is not secured and has holes in it, created by the firefighters who needed to access the building's interior to fight to fire. The garage door is not closed and secured. Clutter inside the garage is visible to those passing -by 1 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 are 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. CONCLUSIONS OF LAW The City's service of the Notice of Violation and Notice of Hearing by posting 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 are in violation of Section 108 of the IPMC, which states in pertinent part as follows: part: 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 is in violation of Section 3 02 of the IPMC, which states in pertinent 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. Respondent and the Subject Property are 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 4 part: tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 6. Respondent is in violation of Section 306 of the IPMC, which states in pertinent 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. 7. Respondent and the Subject Property are 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. 5 ORDER BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Respondent shall, by no later than Friday, December 22, 2023: 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. 2. The Respondent shall, by no later than Friday, March 8, 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 rooffbalcony outside the upstairs residential units. e. Continue to secure and prevent occupancy of the upstairs units and utility closet by any authorized persons. 3. If Respondent fails to comply within the time -periods set forth in this 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 6 an opportunity to appear and present testimony and evidence as to whether the violations are continuing on the Subject Property. 4. 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. In addition, a fine may include any costs of repair incurred by the City as well as the City's enforcement costs. 5. 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). 6. 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 11th day of December 2023. V J 11A RICHARD S. GEL Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by physical presenc or online notarization on this __ Wl" day of 7DR r e Mb f c , 2023 by Ric lar S. Geller. Said person (check one) G7 is personally known to me, produced a driver's license (issued by a state of the 7 United States) as identification, or ❑ produced other identification, to wit: KUBERLY CHEI.EITE44�-- r�� S "= Notary Public - tate of Flonda - 2ou - ,!� < v'° BOntl�d 1tIN PIIDiC 1�1d�MIMM� 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 to the Respondent, RANDALL SHANE REYNOLDS, TRUSTEE, 120 Jackson Ave. Cape Canaveral, FL. 32920, this 13 day of ' '� , 2023. Code Enforcement Officer SARSCi1CLWM\Cape Canaveral, City oASpecial Magistrate Services C761-2527NIearingAllearings 2023112 07 231Findings of Fact, Conclusions of Law & OrdeT (Reynolds, Trustea) - Tsg - 12 8 2311 0 City of Cape Canaveral Community Development RE: AFFIDAVIT OF HAND -DELIVERY I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have hand -delivered the following Notice: Notice of Magistrate Orders dated ITI 1024 -to Shane Reynolds; at the following address: 120 Jackson Ave, Cape Canaveral. Florida 32920 On the 16th day of January 2024. and the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 3292C�r'— ~� s f Chris Robinso Code Enforcement Officer State of Florida County of Brevard On this 16th day of January 2024, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. PATNU ANN ROTH MY COMMISSION# HH 001017 9 yS' EXPIRES: May 18, 2024 :'°,' W 64 rnu t�ten wase una xis G� t�C yc Notary Public Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 WWWxilVokamcanaVera 1.ol-L' THE SPACC SETWEEN'