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HomeMy WebLinkAboutCase #23-366 Notice of Hearing 20231113RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. REYNOLDS, RANDALL SHANE TRUSTEE 120 JACKSON AVE CAPE CANAVERAL FL 32920 Location of the Violation: 120 Jackson Ave. Cape Canaveral, FL. 32920 CASE No. 23-366 DATER 1/13/2023 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on December 7, 2023 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Special Magistrate will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached hereto as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. In addition, you have a right to be represented by legal counsel at the hearing. 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 Respondent which can be satisfied by foreclosure and sale of said property and other personal or real property. Case No. 2023-366 Page 2 UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 13th day ofNevember 2023 Chris Robinson, Code Enforcement Officer 321-868-1220 Ext. 116 City of Cape Canaveral Community Development RE: AFFIDAVIT OF POSTING I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 11/13/2023 at the following address: 120 Jackson Ave., Cape Canaveral, FL 32920 On this 13th day of November 2023 and the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 32920 - � ! i Chris Robinson, Code Enforcement Officer State of Florida County of Brevard On this 13th day of November, 2023, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. <.... .. .: PATRICIA ANN ROTH MISSION # MY EXP RES: May I 2024077 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 vofcaneca THE SPALL BETWEEN'