Loading...
HomeMy WebLinkAboutCase #23-366 Notice of Violation 20231101OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 23-366 A Florida Municipal Corporation, Date: 11/1/2023 Complainant, V. Owners of the property located at: 120 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 Twenty (20) 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. Case No. 2023-366 Page 2 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. 1. Property where violation(s) exit(s): 120 Jackson Ave. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: REYNOLDS, RANDALL SHANE TRUSTEE 120 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. Applicable Codes and Violation Comments: ARTICLE IX. - INTERNATIONAL PROPERTY MAINTENANCE CODE Section 82-221. - International Property Maintenance Code adopted. (a)The International Property Maintenance Code, 2018 edition, as published by the International Code Council (hereinafter referred to as the "IPMC" or this "code"), is hereby adopted by reference and incorporated herein as if fully set out. Section 101.1 of the IPMC is amended to state that Section 82- 221 of the City Code shall be known as the "International Property Maintenance Code of the City of Cape Canaveral, Florida." 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. Case No. 2023-366 Page 3 108.6 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 ( IPMC ) 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 (IPMC ) 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. Case No. 2023-366 Page 4 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; 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. VIOLATION: The property located at 120 Jackson Ave. has fire damage to the center downstairs storage unit. The garage door to the unit is in a non -working state and must be repaired or replaced. The guardrails going up the stairs to the residential units is loose and a safety hazard and must be repaired or replace. The balcony outside the residential units has no guardrail to prevent a fall and is a safety hazard and a guardrail must be installed. The residential units have been posted as unfit for human occupancy due to the fire directly below, yet individuals have been regularly caught living in the units. There continues to be individuals living in the upstairs units as well as a utility closet just outside the fire damaged storage unit. These areas need to Case No. 2023-366 Page 5 be secured to prevent entry. The items that were being stored in the damaged storage unit are being kept just outside and need to be removed. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN TWENTY (20) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1 Repair all damage caused by the fire and obtain any required permits. 2. Repair or replace the non -working garage door and obtain any required permit. 3. Repair guardrails that have become loose on the stairs and obtain any required permits. 4. Install guardrails on the balcony outside the upstairs residential units and obtain any required permits. 5. Prevent occupancy of the upstairs units by securing the residence. 6. Remove any debris, equipment or miscellaneous items outside the damaged storage room. 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. PLEASE %ERN YOURSELF ACCORDINGLY. Chris Robinson City of Cape Canaveral Code Enforcement Officer O O rn m r- nt, N r'9 C3 C3 O O M M M ru ru O r%- SHANE RANDAL OF1552 120 JACKSON AVE. CAPE CANAVERAL, FL. 32920 xtra Services &Fees (check box, ed tae sa eppropnate) ❑ Ratum Receipt (hardcopy) ❑ Return Receipt (electronic) 0 2 iO tmBfk ❑ Certified Mall Restricted Delivery L ere , []Adult SignatureRequired $ ❑ Adult Signature Restricted Delivery $ SHANE RANDAL OF1552 120 JACKSON AVE. CAPE CANAVERAL, FL. 32920 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 Violation dated 11/1/2023 at the following address: 120 Jackson Ave., Cape Canaveral, FL 32920 On this 3rd day of November 2023 and the required posting at City Hall, 100 Polk Avenue, Cape Canavera Florida, 32920. Chris Robinson, Code Enforcement Officer State of Florida County of Brevard On this 3rd day of November, 2023, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. "PVP!ef. PATR""A ANN ROTMY COMMISSIONHH H EXPIRES: May 18, 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 THE SPALL BETWEEN'