HomeMy WebLinkAboutCase #17-137 Case FileOctober 11, 2018
Randall Shane Reynolds
120 B Jackson Ave.
Cape Canaveral, FL 32920
City of Cape Canaveral
Community Development
COURTESY LETTER
RE: CANCELLATION OF OCTOBER CODE BOARD
There will be no Code Board hearings held on October 18, 2018. The hearing will be rescheduled
for a later date in which you will be notified of by certified letter.
We apologize for any inconvenience.
Sincerel ,
Chris Robinson
Code Enforcement
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cityofeapecanaveral.org • email: c.robinson(u;cityofcapecanaveral.org
THE
SPACE
BETWEEN'
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case # 17-137
A Florida municipal corporation,
Complainant,
0
Randall Shane Reynolds, Property Owner
Respondent,
Subject Property: 120 Jackson Ave.
Cape Canaveral, Florida 32920
Parcel number: 24 -37 -23 -CG -25-12
ORDER CONTINUING HEARING
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Cape Canaveral, Florida, on September 20, 2018 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances ("City Code") exist or
existed on the Subject Property. The Board, having heard the arguments of the parties and the
evidence and testimony presented, and having reviewed the record and being otherwise fully
advised, issues this Order.
PROCEDURAL MATTERS:
City staff gave testimony, evidence and a presentation relating to alleged code enforcement
violations of the following sections: Section 34-38, Owner's Maintenance of Premises, Code of
Ordinances of the City of Cape Cun.averal ("City Code"); Section 34-96 (a), (b), (d), Standards
Established, City Code; Section 34-97 (a), (1) & (4), Duties and Responsibilities for Maintenance,
City Code; Section 34-121 (1), (2), (4) & (5) Intent, City Code; Section 34-122(a), Public nuisances
prohibited, City Code; Section 82-12, Unsafe buildings or systems, City Code; Section 82-371,
Posting and specification of numbers, City Code; Section 110-335(1) & (2), Prohibited uses and
structures, City Code; Section 110-551(2)(d), Location of recreational vehicles, camping
equipment, boats and boat trailers, City Code; Section 110-555, Paving of vehicular use areas, City
Code; Section 110-171(4), Establishments serving alcoholic beverages, City Code; Section 82-
221. International Property Maintenance Code ("I.P.M.C.") adopted, City Code; Section 108.1.1
Unsafe Equipment, I.P.M.C.; Section 302.2 Protective Treatment, I.P.M.C; Section 303.7 Roofs
and Drainage I.P.M.C.; Section 303.14 Window, Skylight and Door Frames, I.P.M.C.; Section
303.16, Doors, I.P.M. C.; Section 304.3 Interior Surfaces, I.P.M. C.; Section 506.2 Maintenance of
Sanitary Drainage System, I.P.M.C.; Section 604.3, Electrical system hazards, I.P.M.C. Section
605.1, Electrical Equipment, I.P.M.C.; Section 605.2 Receptacles, I.P.M.C.; Section 105 Permits
105.1 Required, of the Florida Building Code. Following same, Respondent gave testimony and
submitted evidence. It was discussed that the September 20, 2018 hearing be continued to October
18, 2018, with the city to give additional notice regarding same, for further consideration by the
Code Enforcement Board prior to issuance of an order inclusive of findings of fact relating to the
alleged violation(s). Respondent was present and provided sworn testimony and evidence.
Respondents made no objection to continuing the hearing to a future date. The Code Enforcement
Board, having reviewed the entire file as provided and being otherwise fully advised in the
premises, enters this Order.
The hearing set for September 20, 2018 is hereby continued until the October 18, 2018
Code Enforcement Board hearing.
DONE AND ORDERED at Cape Canaveral, Florida, this day of October, 2018,
nunc pro tunc to September 20, 2018
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
")v
Mary R411, Chairperson
Copies furnished to: CERTIFIED MAIL 70180680000232512447
Randall Shane Reynolds, Respondent
120 Johnson Ave.
Cape Canaveral, FL 32920
I hereby certify that a true and correct copy of the above and foregoing Order Continuing
Hearing has been furnished by certified mail to the Respondent(s) on this 'i day of r C1 c.. .
2018.
GingPwrijk
Clerk to the Code Enforcement Board
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City of Cape Canaveral
Community Development Department
Coft4a
REVISED NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Randall Shane Reynolds
Location of the Violation:
120 Jackson Ave. Cape Canaveral 32920
CASE No. 2017-137
DATE: 9/7/2018
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on September 20,
2018, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the new City Hall Council Chambers,
100 Polk Avenue, Cape Canaveral, FL 32920. You will need to contact the Brevard County Sheriffs Office
Cape Canaveral precinct to make arrangements for you to attend the hearing.
The Code Enforcement Board 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 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. Since the proceedings of
the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced
hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s).
This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the
Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS
PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE
APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED 4th day tember, 2018
L�
Chris Robinson, Code Enforcement Officer
100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 - Fax: (321) 868-1247
%�N,%v.cityofeapecanaveral.org - email: c.robinsonCcityofeapecanaveral.ori
THE
SPA(
BETWEE
CityCapeof Canaveral
Community Development Department
CITY OF CAPE CANAVERAL
AFFIDAVIT OF POSTING PROPERTY
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 September 7, 2018
at the following address: 120 Jackson Ave. Cape Canaveral, FL 32920
on this 7th day of September 2018
and
h r uired po ting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 32920.
Chrls Robins , Code Enforcement Officer
State of Florida
County of Brevard
On this 7th day of September, 2018, Chris Robinson, personally appeared, who is personally known to me
and did not take an oath.
GINGER WRIGHT
* MY COMMISSION # FF 188994
N Publi 1 �r41January 12,2019
"O" 6.041*
Bo)ndedRThNBudget NotarySe►vkes
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 — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.ciLvofcapecanaveral.oru e-mail: c.robinsote �_ ,,ofcapecanaveral.org
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1. Article Addressed to:
P-40dall Shane RE y holds
129 B Jackson Aa
Cie Canaveral, .. 32920
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Domestic Return
City of Cape Canaveral
Community Development Department
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NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Randall Shane Reynolds
Location of the Violation:
120 Jackson Ave. Cape Canaveral 32920
CASE No. 2017-137
DATE: 9/4/2018
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on September 19,
2018, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the new City Hall Council Chambers,
100 Polk Avenue, Cape Canaveral, FL 32920. You will need to contact the Brevard County Sheriffs Office
Cape Canaveral precinct to make arrangements for you to attend the hearing.
The Code Enforcement Board 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 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. Since the proceedings of
the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced
hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s).
This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the
Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS
PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE
APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED 4th of ber, 2018
Chris Robinson, Code Enforcement Officer
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 - Fax: (321) 868-1247
%vw-vv.cityofcapecanaveral.org - email: T-obinsonCacityofcapecanaveral.org
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REVISED NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2017-137
A Florida Municipal Corporation, Date: 8/27/2018
Complainant,
V.
Owners of the property located at:
120 Jackson Ave. Cape Canaveral FL. 32920
PACEL ID: 24 -37 -23 -CG -000025.0-0012.00
Respondent(s):
Randall Shane Reynolds
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/are to be voluntarily performed within five (5) 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 Code Enforcement Board for the City of Cape
Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board 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. 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.
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:
Randall Shane Reynolds
120 B Jackson Ave.
Cape Canaveral, FL 32920
THE
• Post Office Box 326 • Cape Canaveral FL 32920-0326
SPACE100 Polk Avenue P � BETWEEN'
Telephone (321) 868-1220 • Fax: (321) 868-1247
w,,vw.cityofcapecanaveral.org • email: r.robinsonCacityofcapecanaveral.orE.
Page 2
2017-137
Our office has received several complaints regarding conditions at your property. A site visit
revealed interior and exterior property maintenance violations as well as electrical hazards. It
was also discovered people are living in the west most commercial unit downstairs. On May 17,
2018 a site visit revealed a palm frond covered upstairs door overhang, tiki bar and gazebo
structure have been built without permits or a licensed contractor. You have also paved the east
side of the property without obtaining a permit as well.
Description of Violation(s) at property: Section 34-38. - Owner's maintenance of premises.
The owner or person in control of any private property shall at all times maintain the premises
free of litter. However, this section shall not prohibit the storage of litter in authorized private
receptacles for collection.
Section 34-96. - Standards established.
(a) Continued good appearance depends on the extent and quality of maintenance. Maintenance
and upkeep are required for all the land improvements within the city. Lawns and planting
require considerably more periodic attention than do buildings, nonetheless both require
maintenance in order to retain a good appearance.
(b) The owner of every single-family or multiple -family dwelling, commercial or industrial
property or his appointed agent and any occupant, operator, tenant or anyone otherwise using
the property in any form or manner shall be responsible for maintaining the exterior in a clean,
sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be
capable of performing the function for which such structure or part of any feature thereof was
designed or intended to be used.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish,
debris, objects, material or conditions which may create a health or fire hazard. Exterior property
areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence
on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not
to constitute a blighting or deteriorating effect in the neighborhood.
Section 34-97. - Duties and responsibilities for maintenance.
(a) The owner of every single-family or multiple -family dwelling, commercial or industrial
property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the
property in any fonn or manner shall maintain the premises free of hazards which include but
are not limited to:
(1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth,
garbage, trash, refuse, debris and inoperative machinery.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 868-1247
www.citvofcapecanaveral.org e-mail: c.robinson(ct,citvofcapecanaveral.orL,
Page 3
2017-137
(4) Excretions of pets on paths, walks, driveways, parking lots, parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
Section 34-121. - Intent.
The presence of weeds, brush and rank vegetation (excluding: shade trees, ornamental shrubs,
fruit trees, domesticated berry bushes and vines, cover crops, domesticated grains and plantings
and cultivated wild flowers) on all properties in city are a menace to the public safety, health and
welfare as they:
(1) Cause a fire hazard;
(2) Furnish cover for prowlers;
(4) Furnish a potential harborage or breeding place for disease -carrying insects, arthropods,
animals and poisonous snakes; and
(5)May adversely affect and impair the economic welfare of adjacent property.
Section 34-122. - Public nuisances prohibited.
(a) All grass areas and yards on improved property shall be properly maintained in a neat and
attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in
a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.
Section 82-12. - Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a hazard to safety or
health, are considered unsafe buildings or service systems. All such unsafe buildings, structures
or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the provisions of the Standard Unsafe Building Abatement
Code or other provisions of the City of Cape Canaveral Codes.
Section 82-371. - Posting and specifications of numbers.
Numbers indicating the official numbers for each principal building or each front entrance to
such building shall be posed in a manner as to be clearly visible and distinguishable from the
street on which the property is located. Such numbers shall be a minimum of three inches in
height and one-half inch in width and of a contrasting color with the building
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: c.robinson(u,cityofcapecanaveral.org
Page 4
2017-137
Section 110-335. - Prohibited uses and structures.
In the C-1 low density commercial district, the following uses and structures are prohibited:
(1) All uses not specifically or provisionally permitted in this division.
(2) Any use which fails to meet performance standards specifications as provided in section 110-
466.
Section 110-551. - Location of recreational vehicles, camping equipment, boats and boat
trailers.
(2) Regulations. The following regulations shall apply to boats, utility trailers, recreational
vehicles or special purpose vehicles:
(d.) All vehicles herein permitted shall have affixed thereto a currently valid license tag
registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be
maintained in a movable condition.
Section 110-555. - Paving of vehicular use areas.
All commercial and industrial areas used for the display or parking of any and all types of
vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the
property as a function of the primary use, including but not limited to drives, parking, service
and display areas, shall be paved.
Section 110-171. - Establishments serving alcoholic beverages.
(4) One parking space shall be provided for each three seats or seating places. All seats or seating
places, whether located within a restaurant area or a bar/lounge area, will be included in the
calculation of the required number of parking spaces. Package retail sales establishments shall
provide parking as determined by the building official, who shall use the ratios established in
article IX of this chapter.
Section 82-221. - International Property Maintenance Code adopted. ( I.P.M.C. )
The International Property Maintenance Code, 1998 edition, as published by the International
Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 86871247
www.cityofcMecanaveral.ore-mail: c.robinson(ii<cit%,ofcapecanaveral.=
Page 5
2017-137
I.P.M.C. 108.1.1 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
I.P.M.C. 302.2 Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices,
porches and trim, 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. All 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.
I.P.M.C. 303.7 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 and in good repair and free
from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
I.P.M.C. 303.14 Window, skylight and door frames.
Every window, skylight, door frame shall be kept in sound condition, good repair and weather
tight.
I.P.M.C. 303.16 Doors
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks
at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door.
I.P.M.C. 304.3 Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 868-1247
www.cityofcapecanaveral.ore e-mail: c.robinsonLi�:;cityofcapecanaveral.orL,
Page 6
2017-137
I.P.M.C. 506.2 Maintenance of sanitary drainage system
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
I.P.M.C. 604.3 Electrical system hazards
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, improper fusing, insufficient outlets, improper
wiring or installation, deterioration or damage, or for similar reasons, the code official shall
require the defects to be corrected to eliminate the hazard.
I.P.M.C. 605 Electrical equipment 605.1
All electrical equipment, wiring and appliances shall be properly installed and maintained in a
safe and approved manner.
I.P.M.C. 605.2 Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded type receptacle or a receptacle
with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any
new bathroom receptacle outlet shall have a ground fault circuit interrupter protection.
(F.L.B.C.)Section 105 Permits
105.1 Required
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish,
or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact resistant coverings, electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to cause any such work
to be done, shall first make application to the building official and obtain the required permit.
3. Recommendation (s) to correct the violation(s) described above:
In accordance with City Code maintain the exterior in a clean, sanitary, safe condition
and in good repair. Clear the premises of all nuisances, litter, rubbish, debris, objects,
material or conditions which may create a health or fire hazard. Fences shall be
maintained so as not to constitute a blighting or deteriorating effect in the
neighborhood.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 868-1247
www.citvofcapecanaveral.org e-mail: c.robinson cit ofca ecanaveral.or r
Page 7
2017-137
• Maintain the premises free of filth, garbage, trash, refuse, debris, inoperative machinery
and clean up pet excretions from parts of the premises which are accessible to and used
by persons on the premises.
• Remove all dead plants, refuse and debris.
• Replace/repair the buildings, electrical, mechanical and plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life.
• Affix numbers indicating the official numbers for each principal building or each front
entrance clearly visible and distinguishable from the street on which the property is
located.
• Affix a currently valid license tag registered to the utility trailer.
• Pave and properly mark all vehicular use areas in accordance with City Code.
• Provide the correct number of parking places in accordance with City Code.
• Provide safe electrical wiring and devices on the premises in accordance with the
I.P.M.C.
• Protect all exterior surfaces from the elements and decay by painting or other protective
covering or treatment In accordance with the I.P.M.C.
• Repair/replace roof, flashing, gutters and downspouts that are not sound, tight, have
defects that admit rain, not in good repair and have obstructions in accordance with the
I.P.M.C.
• Repair/replace every window and door frame not in sound condition, good repair and
weather tight in accordance with the I.P.M.C.
• Repair/replace all exterior doors, door assemblies and hardware not in good condition
in accordance with the I.P.M.C.
• Repair/preplace all interior surfaces, including windows and doors, not in good, clean
and sanitary condition in accordance with the I.P.M.C.
• Repair/replace all improperly installed electrical equipment in accordance with
I.P.M.C.
• Correct/eliminate electrical hazards In accordance with I.P.M.C.
• Provide ground fault circuit interrupters in accordance with the I.P.M.C.
• Replace/repair every leaking or defective plumbing sewer line in accordance with the
I.P.M.C.
• Apply for and obtain all applicable permits for all work.
• Discontinue using the downstairs commercial units as a residence.
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: c.robinson(c�??cityofcapecanaveral.org
Page 8
2017-137
See. 82-31. - Florida Building Code adopted.
The Florida Building Code 2010 edition, as may be amended from time to time, as published
by the Florida Building Commission, shall be known as the City of Cape Canaveral Building
Code and is hereby adopted by reference and incorporated herein as if fully set out.
Failure to comply within five (5) days from receipt of this Notice shall result in further action,
as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not he e to contact the below signed Code Enforcement Officer at the City of
Ca a v , (321} 868-1222.
Chris Robinson
Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 --• Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: c.robinsonLi cityofcapecanaveral.ora
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so, that we can return the cans to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Randall Shane Reynold
120 B Jackson Ave.
Cape Canaveral, FL. 3: 20
111111111111111111111111111111111111111111111111
9590 9402 4067 8079 7048 20
2. Article Number (transfer from service label)
7017 2680 �W 6550 0364
PS Form 3811, July 2015 PSN 7530-02-000-9053
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■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so, that we can return the cans to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Randall Shane Reynold
120 B Jackson Ave.
Cape Canaveral, FL. 3: 20
111111111111111111111111111111111111111111111111
9590 9402 4067 8079 7048 20
2. Article Number (transfer from service label)
7017 2680 �W 6550 0364
PS Form 3811, July 2015 PSN 7530-02-000-9053
A.Slg to
D Agent
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D. 1s delivery address -erent from item ?
If YES, enter delivery address below: IQI-10
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❑ Adult Signature
Adult Signature Restricted Delivery
❑ Registered MWITM
❑ Registered Mall Restricted
Delivery
certified Mail®
Certified Mail Restricted Delivery
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Restricted Delivery 0 Signature Confirmation
❑ Collect on Delivery
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Domestic Return Receipt
CityCapeof Canaveral
Community Development Department
NOTICE OF VIOLATION
E CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
120 Jackson Ave. Cape Canaveral FL. 32920
PACEL ID: 24 -37 -23 -CG -000025.0-0012.00
Respondent(s):
Randall Shane Reynolds
CASE NO. 2017-137
Date: 4/6/2017
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/are to be voluntarily performed within thirty (30) 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 Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board 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. 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.
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:
Randall Shane Reynolds
120 B Jackson Ave.
Cape Canaveral, FL 32920
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b. almer cit ofca ecanaveral.or
Page 2
2017-137
Our office received several complaints regarding conditions at your property. A site visit
revealed interior and exterior property maintenance violations as well as electrical hazards.
Description of Violation(s) at property: Section 34-38. - Owner's maintenance of premises.
The owner or person in control of any private property shall at all times maintain the premises
free of litter. However, this section shall not prohibit the storage of litter in authorized private
receptacles for collection.
Section 34-96. - Standards established.
(a) Continued good appearance depends on the extent and quality of maintenance. Maintenance
and upkeep are required for all the land improvements within the city. Lawns and planting
require considerably more periodic attention than do buildings, nonetheless both require
maintenance in order to retain a good appearance.
(b) The owner of every single-family or multiple -family dwelling, commercial or industrial
property or his appointed agent and any occupant, operator, tenant or anyone otherwise using
the property in any form or manner shall be responsible for maintaining the exterior in a clean,
sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be
capable of performing the function for which such structure or part of any feature thereof was
designed or intended to be used.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish,
debris, objects, material or conditions which may create a health or fire hazard. Exterior property
areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence
on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not
to constitute a blighting or deteriorating effect in the neighborhood.
Section 34-97. - Duties and responsibilities for maintenance.
(a) The owner of every single-family or multiple -family dwelling, commercial or industrial
property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the
property in any form or manner shall maintain the premises free of hazards which include but
are not limited to:
(1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth,
garbage, trash, refuse, debris and inoperative machinery.
(4) Excretions of pets on paths, walks, driveways, parking lots, parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b. almer cit ofca ecanaveral.or =
Page 3
2017-137
Section 34-121. - Intent.
The presence of weeds, brush and rank vegetation (excluding: shade trees, ornamental shrubs,
fruit trees, domesticated berry bushes and vines, cover crops, domesticated grains and plantings
and cultivated wild flowers) on all properties in city are a menace to the public safety, health and
welfare as they:
(1) Cause a fire hazard;
(2) Furnish cover for prowlers;
(4) Furnish a potential harborage or breeding place for disease -carrying insects, arthropods,
animals and poisonous snakes; and
(5)May adversely affect and impair the economic welfare of adjacent property.
Section 34-122. - Public nuisances prohibited.
(a) All grass areas and yards on improved property shall be properly maintained in a neat and
attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in
a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.
Section 82-12. - Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a hazard to safety or
health, are considered unsafe buildings or service systems. All such unsafe buildings, structures
or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the provisions of the Standard Unsafe Building Abatement
Code or other provisions of the City of Cape Canaveral Codes.
Section 82-371. - Posting and specifications of numbers.
Numbers indicating the official numbers for each principal building or each front entrance to
such building shall be posed in a manner as to be clearly visible and distinguishable from the
street on which the property is located. Such numbers shall be a minimum of three inches in
height and one-half inch in width and of a contrasting color with the building.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b.12almer r .cityofcapecanaveral.ori!
Page 4
2017-137
Section 110-335. - Prohibited uses and structures.
In the C-1 low density commercial district, the following uses and structures are prohibited:
(1) All uses not specifically or provisionally permitted in this division.
(2) Any use which fails to meet performance standards specifications as provided in section 110-
466.
Section 110-551. - Location of recreational vehicles, camping equipment, boats and boat
trailers.
(2) Regulations. The following regulations shall apply to boats, utility trailers, recreational
vehicles or special purpose vehicles:
(d.) All vehicles herein permitted shall have affixed thereto a currently valid license tag
registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be
maintained in a movable condition.
Section 110-555. - Paving of vehicular use areas.
All commercial and industrial areas used for the display or parking of any and all types of
vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the
property as a function of the primary use, including but not limited to drives, parking, service
and display areas, shall be paved.
Section 110-171. - Establishments serving alcoholic beverages.
(4) One parking space shall be provided for each three seats or seating places. All seats or seating
places, whether located within a restaurant area or a bar/lounge area, will be included in the
calculation of the required number of parking spaces. Package retail sales establishments shall
provide parking as determined by the building official, who shall use the ratios established in
article IX of this chapter.
Section 82-221. - International Property Maintenance Code adopted. ( I.P.M.C. )
The International Property Maintenance Code, 1998 edition, as published by the International
Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.or e-mail: b.palmer cr cityofcapecanaveral.org
Page 5
2017-137
I.P.M.C. 108.1.1 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
I.P.M.C. 302.2 Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices,
porches and trim, 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. All 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.
I.P.M.C. 303.7 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 and in good repair and free
from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
I.P.M.C. 303.14 Window, skylight and door frames.
Every window, skylight, door frame shall be kept in sound condition, good repair and weather
tight.
I.P.M.C. 303.16 Doors
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks
at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door.
I.P.M.C. 304.3 Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www. cityofcap..- ___r..-_,.al.or e-mail: b. almer(dicit of capecanaveral.or
Page 6
2017-137
I.P.M.C. 506.2 Maintenance of sanitary drainage system
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
I.P.M.C. 604.3 Electrical system hazards
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, improper fusing, insufficient outlets, improper
wiring or installation, deterioration or damage, or for similar reasons, the code official shall
require the defects to be corrected to eliminate the hazard.
I.P.M.C. 605 Electrical equipment 605.1
All electrical equipment, wiring and appliances shall be properly installed and maintained in a
safe and approved manner.
I.P.M.C. 605.2 Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded type receptacle or a receptacle
with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any
new bathroom receptacle outlet shall have a ground fault circuit interrupter protection.
3. Recommendation(s) to correct the violation(s) described above:
• In accordance with City Code maintain the exterior in a clean, sanitary, safe condition
and in good repair. Clear the premises of all nuisances, litter, rubbish, debris, objects,
material or conditions which may create a health or fire hazard. Fences shall be
maintained so as not to constitute a blighting or deteriorating effect in the
neighborhood.
• Maintain the premises free of filth, garbage, trash, refuse, debris, inoperative machinery
and clean up pet excretions from parts of the premises which are accessible to and used
by persons on the premises.
• Remove all dead plants, refuse and debris.
• Replace/repair the buildings, electrical, mechanical and plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life.
• Affix numbers indicating the official numbers for each principal building or each front
entrance clearly visible and distinguishable from the street on which the property is
located.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.citvgfcapecanaveral.or, e-mail: b.palmer(a citvofcahecanaveral.org
Page 7
2017-137
• Affix a currently valid license tag registered to the utility trailer.
• Pave and properly mark all vehicular use areas in accordance with City Code.
• Provide the correct number of parking places in accordance with City Code.
• Provide safe electrical wiring and devices on the premises in accordance with the
I.P.M.C.
• Protect all exterior surfaces from the elements and decay by painting or other protective
covering or treatment In accordance with the I.P.M.C.
• Repair/replace roof, flashing, gutters and downspouts that are not sound, tight, have
defects that admit rain, not in good repair and have obstructions in accordance with the
I.P.M.C.
• Repair/replace every window and door frame not in sound condition, good repair and
weather tight in accordance with the I.P.M.C.
• Repair/replace all exterior doors, door assemblies and hardware not in good condition
in accordance with the I.P.M.C.
• Repair/preplace all interior surfaces, including windows and doors, not in good, clean
and sanitary condition in accordance with the I.P.M.C.
• Repair/replace all improperly installed electrical equipment in accordance with
I.P.M.C.
• Correct/eliminate electrical hazards In accordance with I.P.M.C.
• Provide ground fault circuit interrupters in accordance with the I.P.M.C.
• Replace/repair every leaking or defective plumbing sewer line in accordance with the
I.P.M.C.
• Apply for and obtain all applicable permits for all work.
Failure to comply within thirty (30) days from receipt of this Notice shall result in further
action, as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
C ape-Cdhi aTral,(3-2T_T8-1222.
Chris Robinson
Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail:.Valmerci)cityofcapecanaveral.or
.. (Domestic Mail Only, No Insurance Coverage Providei
For delivery information visit our website at www.usps.come
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PS Form 3800. August
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CITY OF CAPE CANAVERAL
CODE ENFORCEMENT REQUEST FORM
FILL OUT HIGHLITED PORTIONS ONLY
DATE OF REQUEST: 3
REQUESTED BY:
EMAIL ADDRESS:
CONTACT INFO:
ADDRESS OF THE CODE VIOLATION:
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COMPLAINT:
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DATE OF SITE VISIT:
DATE PHOTOS TAKEN:
COMMENTS: