HomeMy WebLinkAboutCase #23-366 Magistrate Order Imposing Fines 20240426SPECIAL 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.
ORDER IMPOSING FINES AND LIEN
This cause came before the Special Magistrate of the City of Cape Canaveral on April 23,
2024, regarding that certain real property located at 120 Jackson Ave., Cape Canaveral, FL, 32920
(the "Subject Property), to determine: (1) whether the Respondent, RANDALL SHANE
REYNOLDS, in his capacity as Trustee, and the Subject Property remain in violation of the Cape
Canaveral City Code; (2) whether Respondent timely complied with the Special Magistrate's
Order dated December 11, 2023, as amended on January 24, 2024, which set compliance dates of
January 28, 2024 and March 8, 2024 for certain tasks; and (3) whether to impose a fine and a lien
pursuant to Florida Statutes § 162.07 and Article VI, chapter 2 of the City Code, and the amount
of any such fine.
Having heard the arguments, evidence, and testimony presented in accordance with Massey
v. Charlotte County, 842 So. 2d 142 (Fla. 2d DCA 2003), and having reviewed the record and
being fully advised, the Special Magistrate issues the following Findings of Fact and Conclusions
of Law, which are incorporated into this Order as set forth herein. Having heard testimony,
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evidence, and being duly advised, the Special Magistrate issues the following Findings of Fact,
Conclusions of Law, and Order.
PROCEDURAL HISTORY
The Special Magistrate's Amended Findings of Fact, Conclusions of Law and Order dated
January 24, 2024, ordered the Respondent to come into compliance with the City Code by
undertaking the following tasks:
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.
3. 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 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.
FINDINGS OF FACT
The Special Magistrate finds as follows:
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1. The City served the Special Magistrate's Findings of Fact, Conclusions of Law and
Order dated December 11, 2023 on the Respondent via certified United States Mail on December
13, 2023, which was delivered, but without an indicated date.
2. The City served the Special Magistrate's Amended Findings of Fact, Conclusions
of Law and Order dated January 24, 2024, on the Respondent via certified United States Mail on
or after January 25, 2024. The record does not indicate the date of receipt, but Respondent testified
that he received it.
3. The City served the Notice of Massey Hearing on the Respondent via certified
United States Mail on March 28, 2024, which Respondent signed on receipt on March 25, 2024.
4. The Respondent timely accomplished the following tasks, by Sunday, January 28,
2024, as confirmed by photographic evidence and the approval of Community and Economic
Development Department Director David Dickey:
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.
5. However, the Respondent did not, by Friday, March 8, 2024, obtain any required
permits to commence the following repairs:
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.
6. Therefore, the fire damage remains unrepaired.
7. The Respondent explained that he does not have sufficient funds to make the
repairs; however, he has contracted to sell the property "as is" to Vincent Keenan for $650,000.00,
with a closing scheduled for June 8 or June 9, 2024, and that Mr. Keenan intends to repair the
property. In addition, Respondent advised that a tenant, Peg Schaller, has a right of first refusal
and would be entitled to purchase the property if she matches Mr. Keenan's purchase price.
8. Officer Robinson testified that he advised Mr. Keenan of the potential for code
enforcement fines on the property. The potential buyer appears undeterred from making the
purchase and undertaking the repairs.
CONCLUSIONS OF LAW
1. The City's service of the Notice of Violation and Notice of Massey Hearing by
posting complied with the Section 2-253 of the City Code and Florida Statutes §§ 162.06 and
162.12. Respondent appeared at the hearing and addressed the continuing violations.
2. Respondent and the Subject Property remain in violation of the following
provisions of the City Code, including the Florida Building Code ("FBC") (Sec. 82-31) and the
International Property Maintenance Code (Sec. 82-21), as adopted and incorporated into the City
Code, and, therefore, in violation of the Special Magistrate's Order:
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.
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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.
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.
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.
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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.
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.
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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.
3. Therefore, Respondent is in violation of the Special Magistrate's Order dated
December 11, 2023, as amended on January 24, 2024.
ORDER
Based on the forgoing Findings of Facts and Conclusions of Law, and the Special
Magistrate's authority pursuant to Florida Statutes § 162.07 and Article VI, chapter 2 of the City
of Cape Canaveral Code of Ordinances,
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Special Magistrate assesses a fine in the sum of $200.00 for the first day and
$150.00 for each day thereafter that the Subject Property remains in violation after March 8, 2024,
the date ordered for compliance in the Amended Order. Daily fines shall accrue until the Subject
Property is brought into full compliance as required by Findings of Fact, Conclusions of Law and
Order issued by the Special Magistrate on December 11, 2023, as amended on January 24, 2024.
The fine shall run in favor of the City of Cape Canaveral.
2. In setting the amount of the code enforcement fine established above, the Special
Magistrate has considered the factors set forth in Florida Statutes § 162.09(2)(b) and Article VI,
section 2-252(c) of the City Code, including:
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a. The gravity of the unrepaired fire damage, including the fact that the condition
continues to be a nuisance to tenants on the property and their invitees;
b. The timely actions taken by the violator to comply with the Amended Order of
January 24, 2024, with respect to boxing -off the stairway to prevent unauthorized
access; and
c. The lack of evidence in the record of any prior violations committed by
Respondent.
3. Any accruing fines on the Subject Property, upon 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). The
City of Cape Canaveral has the authority to foreclose on the Subject Property after at least three
months has ran from the date that this Order is recorded in the public records of Brevard County,
Florida.
4. To stop the accruing of fines, Respondent or the Subject Property's purchaser must
advise the Code Enforcement division that the ordered repairs have been accomplished.
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. Because Respondent
rents her unit to others, it does not appear to constitute a legitimate homestead.
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A CERTIFIED COPY OF THIS ORDER WILL BE
RECORDED IN THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA, AND PURSUANT TO FLORIDA
STATUTES § 162.09, WILL BE A LIEN AGAINST THE
RESPONDENT'S REAL PROPERTY THAT IS THE
SUBJECT OF THIS ORDER AND MAY BE ENFORCED AS
A LIEN AGAINST ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE RESPONDENT EXCEPT
FOR HOMESTEAD PROPERTY.
DONE AND ORDERED at Cape Canaveral, Florida, this day of April, 2024.
rI..Ma/Ir( i
Special Magistrate
City of Cape Canaveral
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by phys�Geller.
or online
notarization on this _ day ofL _, 2024 by caSaid person
(check one) D is personally known to me, produced a driver's license (issued by a state of the
United States) as identification, or 0 produced other identification, to wit:
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MY COMMISSION
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Notary Public - State of Florida
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 Order
Imposing Fines and Lien by certified and regular U.S. Mail to the Respondent, Randall Shane
Reynolds, 120 Jackson Ave., Cape Canaveral, FL, 32920, this day of
I -t PR I C_ '2024.
Code Enforcement Officer
S:\RSG1CLIENTS1Cape Canaveral, City of\Special Magistrate Services C761-252711Hearings\Hearings 2024V1pril 23, 202410rder Imposing Fines and Lien - Randall Shane
Reynolds - rsg - 4 24 24.docx
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