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HomeMy WebLinkAboutcocc_special_mag_hearing_agenda_pkt_20241022CITY OF CAPE CANAVERAL SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 HEARING DOCKET October 22, 2024 6:00 PM Pursuant to Chapter 162, Florida Statutes, Chapter 2, Division 2 and/or Chapter 82, Article IX (IPMC) of the City Code, and other applicable provisions of law, the Special Magistrate of the City of Cape Canaveral will conduct quasi-judicial evidentiary proceedings regarding the code enforcement cases listed below. CALL TO ORDER ADMINISTRATIVE BUSINESS: 1. Establish Next Hearing Date: January 28, 2025 2. Approval of Hearing Minutes: August 27, 2024 NEW CODE ENFORCEMENT CASES: Case No. 24-141 — Violations of Section 34-96 (a, b, d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-97 (a) (1) Duties and responsibilities for maintenance, City of Cape Canaveral Code of Ordinances; Section 34-122 (a) Public nuisances prohibited, City of Cape Canaveral Code of Ordinances; Section 82-121 Maintenance requirements (a, c), City of Cape Canaveral Code of Ordinances; (367 Harbor Dr) Susan A. Haggen, Property Owner. 2. Case No. 24-208 — Violations of Section 105.1 Permits, Florida Building Code; Section 110.1 Inspections, Florida Building Code; (8801 Sea Shell Ln) Diane D. Bateson, Property Owner. 3. Case No. 24-209 — Violations of Section 34-96 (a, b, d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-97 (a) (1) Duties and responsibilities for maintenance, City of Cape Canaveral Code of Ordinances; Section 34-122 (a) Public nuisances prohibited, City of Cape Canaveral Code of Ordinances; Section 82-121 Maintenance requirements (a, c), City of Cape Canaveral Code of Ordinances; (244 Coral Dr) Daniel T. McNally, Property Owner. COMPLIANCE (MASSEY HEARING)_ CODE ENFORCEMENT -CASES: None City of Cape Canaveral Special Magistrate Hearing Docket October 22, 2024 Page 2 APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC): None OTHER SPECIAL MAGISTRATE RELATED BUSINESS: None ADJOURNMENT Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to the aforementioned code enforcement cases. However, requests for satisfaction, release and reduction of lien are handled pursuant to Section 2-260 of the City Code where under the special magistrate shall review and consider the application for reduction or release of lien in an advisory capacity and shall render a written recommendation to the city council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. The proceedings are open to the public, but the Special Magistrate reserves the right not to hear from non -interested parties because of the evidentiary nature of the proceeding. Orderly conduct and proper decorum will be maintained during the proceedings. The Special Magistrate may postpone, recess, reschedule or cancel any or all of the cases or applications for lien reduction or release listed on this docket. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this meeting, with the exception of applications for lien reduction or release which are non -final recommendations to the City Council, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321) 868-1220 48 hours in advance of the meeting. RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, 1� Haggen, Susan A 367 Harbor Drive Cape Canaveral, FL. 32920 Location of the Violation: 367 Harbor Drive, Cape Canaveral, FL. 32920 CASE No. 24-141 DATE:09/12/2024 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 22, 2024 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. 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 testimony and evidence upon which the appeal is to be based. Date is 2th day of September 2024 Jerrol Coats, Code Enforcement Officer 321-868-1220 Ext. 136 ru ru ru C13 I% - CO ru r-1 C3 C3 0 C3 0 m m m ru ru M rl- U.S. Postal Service TM CERTIFIED MAILD RECEIPT Domestic Mail Only Certified Mail Fee Extra Services &Fees (check box add fee as %rHfe ❑ Retum Recelpt (hardcopy) $ ❑ Retum Receipt (electronic) $ Mail Restricted Delivery $ PoStrnw.k. FP Here ❑ Certified ❑ Adult Signatum Required $ Delivery [:]Adult Signature Restricted Postage 61 Postage and Fees $ sent To Sir and Apt. ". �H;F&P'.Xa� i ------------ C;gt._ ------ -- ------ -------- a e, :i: W, - ----------- 1.4 5 P I UtA-eJ tv-� 0 ; �4- RE: AFFIDAVIT OF POSTING I, Jerrol Coats, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 09/17/2024 at the following address: 367 Harbor Drive, Cape Canaveral, FL 32920 On the 17th day of September 2024 and On the 19th day of September, 2024 the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, �920. oats, State of Florida County of Brevard Enforcement Officer On this 19th day of September, 2024, Jerrol Coats, personally appeared, who is personally known to me and did not take an oath. �, i►� �'' AEUM. You" MYC0MM138t() # M 161M //�/'^�''�u� � �/�f % _°�. �• XP M& August 5. 2M 71YUNOUN pjm-I'- • - 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. NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO.24-141 A Florida Municipal Corporation, Date: 06/26/2024 Complainant, V. Owners of the property located at: 367 Harbor Drive, Cape Canaveral, FL 32920 Parcel ID: 24-37-14-02-*-92 Respondent(s): Haggan, Susan A 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 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 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. 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): 367 Harbor Drive Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Haggan, Susan A 367 Harbor Drive 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 III — PROPERTY MAINTIANENCE STANDARDS Sec. 34-94. - Purpose. (b) Good community appearance is the product of orderly and harmonious relationships existing between manmade objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good, business people, homeowners and industrial developers tend to have a strong confidence in the community. Poor appearance, congestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. Section 34-96 (a, b, d). - 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. 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 82-121. - Maintenance requirements. (a) The property shall be kept free of excessive weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices (excluding those required by federal, state, or local law), discarded personal items such as furniture, clothing, appliances, printed materials or any other items that give the appearance that the property is abandoned or not being properly maintained. (c) Yards on developed property shall be regularly landscaped and maintained in good condition pursuant to the property maintenance standards set forth in the City Code. At a minimum, landscaping on developed property shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges, mulch, or similar plantings which are appropriately designed for residential, commercial, or industrial installation as applicable. Maintenance on developed property shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings. Undeveloped property that has been cleared shall be maintained in good condition free of excessive weeds, debris, and junk pursuant to the property maintenance standards set forth in the City Code. Property in a natural condition shall be maintained in its natural condition free and clear of debris and junk. VIOLATION: The property located at 367 Harbor Drive has vegetation in excess of 6" inches, debris spread out over the front lawn and garage door is angled and partially closed. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS) DESCRIBED ABOVE WITHIN FIVE (15) DAYS OF RECEIPT OF THIS NOTICE. AS FOLLOWS: 1. Maintain vegetation to not exceed 6" 2. Clean up the accumulation of objects, materials, rubbish and debris that are creating a blighting condition. 3. Obtain all required permits to repair or replace garage door and have final inspection. 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 Jerrol Coats, at 321-868-1220, Ext. 136 regarding any questions and additional information you may need concerning this Notice of Violation. PLEASE GOVERN YOURSELF ACCORDINGLY. 1 ae1 of Coats l City of Cape Canaveral J Code Enforcement Officer U•S• Postal Service" CERTIFIED MAIILe RECEIPT Domestic Mail Only For delivery ill tormatlo n, visit our website at tvww.0 sps. com C3 LJ Heturn Recei [ ,w.mx OD�%addfee as P (hardcopy) $ ❑Return 0 Racelpt � - v . �::-�"":.' .n fi. f (electronic) O ❑ Cert fled Mail Restricted $ .in•. ,. 0 ❑Adult Signature Required �i1VBry $ I]Adutt Signature Re strl'-d Post - UN 2 rfy ,,• d Postage Denvery $ — 1 m $ rt 1 Total Postage an pee F; ` rsent To SA$ - R 329 4 -7 / M1 Street andAp£ No.,p0.- ...... = ICIh: States. �ic:-sm --------- -......... a ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, oron the ont if space permits. 1. Article Addressed to: ;Heggan, Susan A - — _- 4)567 Harbor Drive Cape Canaveral, FL 32920 I III'I�I'I I'II ill I III' II I IIII I i I II II I ICI I I II'II 9590 9402 8021 2305 1669 45 2. Article Number (Transfer from service labe9 ?022 3330 0000 1287 7584 A. signature ❑ Agent 13 il B. ceived by (Printed Na a C. D e 0 Deli D. Is delivery address Brent from item 1? ❑ Y s If YES, enter delivery address below: ❑ No 3. Service Type — ❑ Adult signature — 0 Priority Mail Express® ❑ Adult Signature Restricted Delive Certified Mail® Delivery El Registered Mail - Re ,lstered Mail Restricted' ❑ Certified Mail Restricted DeliveryDelivery ❑ Collect on Delivery Signature ConfirrnationTTM ❑ Collect on Delivery Restricted Delivery ❑ Signature Restricted Delivery Confirmation ❑ Insured Mail ❑ Insured Mail Restricted Delivery tro _ (t.— ry r'L)rm 38 1 1, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Diane D. Bateson Living Trust 8801 Sea Shell Ln Cape Canaveral, FL. 32920 Location of the Violation: 8801 Sea Shell Ln, Cape Canaveral, FL 32920. CASE No. 24-208 DATE:09/16/2024 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 22, 2024 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. 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 testimony and evidence upon which the appeal is to be based. Dated this l th day of September 2024 e,JerrolCoats, Enforcement Officer 321-868-1220 Ext. 136 D, m ru CO t` ro ni rq 0 0 0 0 0 M m m ti ti 0 r- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Diane D. Batheson Living Trust 8801 Sea Shell Lane Cape Canaveral, FL 32920 III'lll'I IIII I'IIIII�IIIIIII III�IIII III I III III 9590 9402 8021 2305 1851 06 2. Article Number (Transfer from service label) 'D22 3330 0000 1287 8239 PS Form 3811, July 2020 PSN 7530-02-000-9053 I A. Si �Pe X Agent Avj"'Erll Addressee I B. Re .MtiedjZyfQ�lit�d Name) C. Datq of Delivery Is delivery address different from item 1? ❑ Yes IIf YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MailTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted .i Certified Mail® � Delivery ❑ Certified Mail Restricted Delivery Signature Confirmation'- ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mail u ❑ Insured Mail Restricted Delivery -over$500 Domestic Return Receipt RE: AFFIDAVIT OF POSTING I, Jerrol Coats, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 09/17/2024 at the following address: 8801 Sea Shell Lane, Cape Canaveral, FL 32920 On the 17th day of September 2024 and On thel9 b da/of�eptember, 2024 the required posting at City Hall, 100 Polk Avenue, Cape �'anaveral, orid , 32920. Coats, Code Enforcement Officer State of Florida County of Brevard On this 19th day of September, 2024, Jerrol Coats, personally appeared, who is personally known to me and did not take an oath. c. ✓n • �kql-14 Notary Public �..p ..� ANNA M. YOUNG i MY COMMISSION # M 161929 j E( W$:l vjA 5 2= P , �tBonded Thu Notary pW& L%derotm 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. NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO.24-208 A Florida Municipal Corporation, Date: 08/08/2024 Complainant, kv Owners of the property located at: 8801 Sea Shell Lane, Cape Canaveral, FL 32920 Parcel ID: 24-37-14-31-38-*-1 Respondent(s): Diane D Batheson Living Trust 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 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 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. IF THE VIOLATIONS) 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): 8801 Sea Shell Lane Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Diane D Batheson Living Trust 8801 Sea Shell Lane 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. ARTICLE II. - BUILDING CODE Section 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. PERMITS [A] 105.1 Required. (F.L.B.C.) 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. INSPECTIONS [A] 110.1 General. (F.L.B.C.) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Staff has observed a violation at your property located at 8801 Sea Shell Lane in Cape Canaveral, Florida. VIOLATION: An Aluminum open picket top fence exceeding 4' in height, was erected in the front and side yard of the property located at 8801 Sea Shell Lane, without first obtaining the required permit from the City of Cape Canaveral Building Department. YOU ARE REQUIRED TO CORRECT THE VIOLATION(S) DESCRIBED ABOVE WITHIN five (5) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: 1. You must contact the City of Cape Canaveral Building Department to apply for and obtain a permit. A final inspection must also be scheduled to bring this property into compliance. 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 Jerrol Coats, at 321-868-1220, Ext. 136 regarding any questions and additional information you may need concerning this Notice of Violation. PLE YOURSELF ACCORDINGLY. Cal ' is Citti of Cape Canaveral Code Enforcement Officer Ln ca r� rU C3 M O d O M m m ru ru C3 r- U.S. Postal Service7m CERTIFIED MAIL® RECEIPT Domestic Mail Only RE: AFFIDAVIT OF POSTING I, Jerrol Coats, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Violation dated 08/20/2024 at the following address: 8801 Sea Shell Lane, Cape Canaveral, FL 32920 On this 20th da August 2024, and the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, Fl 'da 32920. e Enforcement Officer State of Florida County of Brevard On this 20th day of August, 2024, Jerrol Coats, personally appeared, who is personally known to me and did not take an oath. ,,fit"` " ANNAM. YOUNG ?., :*: MY COMMISSION # HH 1619n ;, w EXPIRES: August 5, 2025 ••••f oFi�2.� Bonded TIn Ndary PubNc UmWmt. -- 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. RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. McNally, Daniel T 244 Coral Drive Cape Canaveral, FL. 32920 Location of the Violation: 244 Coral Drive, Cape Canaveral, FL. 32920 CASE No. 24-209 DATE:09/12/2024 A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on October 22, 2024 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. 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 testimony and evidence upon which the appeal is to be based. DAaatte� this 12th day of September 2024 Jerrol Coats, Code Enforcement Officer 321-868-1220 Ext. 136 Po' U.S.ostal .S� ServiceTM I CERTIFIED F�F.,�=Iil�'.Iy MAILP RECEIPT Domestic Mail Do eS iC I Only information, visit our website. at www.u, _. r%- 43 ru r-9 I C3 M M M Wra —Services & Fees (ictreckbox, addf6e - as ❑ Return Receipt (ftardcoPY) E] Return Receipt (electronic) $ - []Certified Mall Restricted Delivery $ - []Adult Signature Required $ E] Adult Signature Restricted Delivery $ TA rove R-— — rLj sent To rU /Yp ? ------------------------------------------- street d _ AW17 ICiry State, 07 or ox 0. ----- ----------- 41- -zi: 31= RE: AFFIDAVIT OF POSTING I, Jerrol Coats, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 09/17/2024 at the following address: 244 Coral Drive, Cape Canaveral, FL 32920 On the 17th day of September 2024 and On the190 d y f September, 2024 the required posting at City Hall, 100 Polk Avenue, Cape Canaveral, to ,132920. Y J rr lto-ats-,Wde Enforcement Officer State of Florida County of Brevard On this 19th day of September, 2024, Jerrol Coats, personally appeared, who is personally known to me and did not take an oath. ANNAM. YOUNG s MMISSION N W 1619n MY CO EXPIRES: August 5 2026 '"„;, 6W4WWuNotaryPu*UMWff%rs 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. NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO.24-209 A Florida Municipal Corporation, Date: 08/16/2024 Complainant, V. Owners of the property located at: 244 Coral Drive, Cape Canaveral, FL 32920 Parcel ID: 24-37-14-26-*-126 Respondent(s): Mcnally, Daniel T 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 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 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. IF THE VIOLATIONS) 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): 244 Coral Drive Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Mcnally, Daniel T 244 Coral Drive 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 III — PROPERTY MAINTIANENCE STANDARDS Sec. 34-94. - Purpose. (b) Good community appearance is the product of orderly and harmonious relationships existing between manmade objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good, business people, homeowners and industrial developers tend to have a strong confidence in the community. Poor appearance, congestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. Section 34-96 (a, b, d). - 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. 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 82-121. - Maintenance requirements. (a) The property shall be kept free of excessive weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices (excluding those required by federal, state, or local law), discarded personal items such as furniture, clothing, appliances, printed materials or any other items that give the appearance that the property is abandoned or not being properly maintained. (c) Yards on developed property shall be regularly landscaped and maintained in good condition pursuant to the property maintenance standards set forth in the City Code. At a minimum, landscaping on developed property shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges, mulch, or similar plantings which are appropriately designed for residential, commercial, or industrial installation as applicable. Maintenance on developed property shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings. Undeveloped property that has been cleared shall be maintained in good condition free of excessive weeds, debris, and junk pursuant to the property maintenance standards set forth in the City Code. Property in a natural condition shall be maintained in its natural condition free and clear of debris and junk. VIOLATION: The property located at 244 Coral Drive has grass, weeds and other rank vegetation in excess of 6 inches in height, that are creating a blighting condition. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS) DESCRIBED ABOVE WITHIN FIVE (15) DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS: (1) Maintain grass, weeds and other rank vegetation in a manner not to exceed 6" 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 Jerrol Coats, at 321-868-1220, Ext. 136 regarding any questions and additional information you may need concerning this Notice of Violation. SELF ACCORDINGLY. (—t= (Ay of Cape Canaveral "ode Enforcement Officer a c;LK i 11-1LU MAIL' RECEIPT ■ Domestic Mail Only For delivery information, visit our website at www.usps.comO. I'1— rU ri C3 C3 C3 I-3 0 m rn m !ti ti C3 r` ■ .Cortlpletedtems 1, 2, and 3. I ■ Print:y.. name and address on the reverse so that Wb can return the card to you. ■ Attach it fs card to the back of the mailpiece, or on tGlront if space permits. 1. Article Addressed to: Mcnally, Daniel T 244 CORAL DRIVE CAPE CANAVERAL, FL 32920 III'IIIII III ICI I III � II I IIII I I I II I II I ItII�I III 9590 9402 8021 2305 1665 94 2. Article Number (Transfer from service label) 1122 3330 0000 1287 8185 S Form 3811, July 2020 PSN 7530-02-000-9053 X by D. Is delivery addr&s different from If YES, enter delivery address bi ❑ Agent ❑ Addressee ,. Dat f elivery 1? Yes ❑ No Q.Atli vice rype 0 Ad ult Signature ❑ priority Mail Express® � ❑ Registered Mall - Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail® Delivery I ❑ Certified Mail Restricted Delivery Signature ConfirmationTm ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) Domestic Return Receipt a