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Home My WebLink Aboutcocc_magistrate_orders_256 Polk Ave_20250225SPECIAL MAGISTRATE HEARING CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Arturo Rodriguez, 256 Polk Avenue Cape Canaveral, FL 32920, Respondent. Case No.: EN21-033 ORDER FINDING COMPLIANCE AND CEASING ACCURAL OF CODE ENFORCEMENT FINES THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida on February 25, 2025, for consideration under Massey v. Charlotte County., 842 So. 2d 142 (Fla. 2d DCA 2003), after due and lawful notice to Respondent, Arturo Rodriguez, c/o 735 Kerry Downs Circle, Melbourne, FL 32940, regarding that certain property located at 256 Polk Avenue, Cape Canaveral, FL 32920 (PARCEL ID: 24-37-23-CG-42-14) (the "Subject Property"). The purpose of the hearing was to determine whether the Subject Property came into compliance with the Special Magistrate's March 31, 2021 Order and the City of Cape Canaveral Code of Ordinances, the slate of compliance, and whether code enforcement fines should cease accruing. Procedural Back round The Findin; s of Fact Conclusions of Law, and Order On March 31, 2021, the Special Magistrate issued Findings of Fact, Conclusions of Law, and Order, which gave respondent until April 29, 2021 in which to correct code violations on the Subject Property by accomplishing the following: Page 1 of 6 A. Respondent shall repair or replace all missing, deteriorated, or falling soffits on the Subject Property in accordance with the property maintenance standards set forth in Sections 304.1 and 304.1.1 (B). B. Respondent shall complete installation of all windows on the Subject Property in accordance with the property maintenance standards set forth in Section 304.13. C. Respondent shall complete installation of the missing French door or any other doors on the Subject Property in accordance with the property maintenance standards set forth in Section 304.13 and 304.15. D. Respondent shall protect all unfinished exterior wood surfaces from the elements "by painting or other protective covering or treatment," in accordance with the property maintenance standards set forth in Section 304.2. E. Respondent shall mow and trim the Subject Property in accordance with the property maintenance standards set forth in Section 302.4. R Respondent shall remove all rubbish from the property so that the Subject Property complies with the property maintenance standards set forth in Section 308.1. The Masser Order 2. On May 21, 2021, the Special Magistrate issued a Massey Order Imposing Fines and Liens. Photographic evidence established, as of the hearing on May 19, 2021: A. The soffit is falling, torn, or missing from multiple sections of the roofing structure. A re -roof permit expired on November 25, 2020, without the Respondent having performed or completed the permitted work. B. Window installations are incomplete or missing at multiple locations. The wall around the windows over the lower roof appears to have no siding and does not otherwise appear in finished, weatherproof condition. C. A location for a French door is boarded up and is missing a door and associated hardware. Page 2of6 D. An exposed area of a wooden -sheathed wall has no siding, is disjoined from the soffit, and does not otherwise appear in finished, weatherproof condition. E. The side and back yards have tall grass and weeds in excess of 12 inches in height as of May 18, 2021. The grass in the front yard is also unkempt. F. A large pile of rubbish consisting of old wood, shingles, cinder block, siding, and other building and roofing material is located just inside a fence, visible through an open gate. 3. The Special Magistrate found continuing violations of City Code section 82-221 (adopting the International Property Maintenance Code) (the "IPMC"), and IPMC section 101.2 (Scope), 304.1 (General —exterior of structure), 304.1.1 (Unsafe Conditions), 304.2 (Protective Treatment —exterior wood surfaces), 304.6 (Exterior Walls), 304.12 (Windows), 304.15 (Doors), 302.4 (Weeds), 308.1 (Accumulation of Rubbish or Garbage). 4. The Special Magistrate considered the factors for establishing a code enforcement fine under Florida Statutes § 162.09(2)(b) and Section 2-252(b) of the City Code, and assessed a fine of $100.00 for the first day, and $50.00 for each subsequent day, commencing April 29, 2021, which was the date required for compliance. 5. The City recorded the Massey Order in the Brevard County public records, establishing a lien on the Subject Property. The Order Authorizinc Foreclosure 6. On October 27, 2023, the Spi )rder Authorizing Foreclosure, pursuant to a hearing condi At the hearing, photographic evidence established that, as of the hearing date: A. The roof soffit remains falling, torn, or missing from multiple sections of the roofing structure; Page 3 of 6 B. Window installations remain incomplete or missing at multiple locations. The wall around the windows over the lower roof appears to have no siding and does not otherwise appear in finished, weatherproof condition; C. A location for a French door. is boarded up and is missing a door and associated hardware; D. An exposed area of a wooden -sheathed wall has no siding, is disjoined from the soffit, and does not otherwise appear in finished, weatherproof condition; E. A large pile of rubbish consisting of old wood, shingles, cinderblock, siding, and other building and roofing material is located just inside a fence, visible through an opening where a gate once provided access. The gate now lies on the ground. 7. The Special Magistrate found continuing violations of City Code section 82-221 (adopting the International Property Maintenance Code) (the "IPMC"), and IPMC section 101.2 (Scope), 304.1 (General —exterior of structure), 304.1.1 (Unsafe Conditions), 304.2 (Protective Treatment —exterior wood surfaces), 304.12 (Windows), 304.15 (Doors), 308.1 (Accumulation of Rubbish or Garbage). 8. Consequently, the Special Magistrate issued an Order stating, "[T]the City is hereby AUTHORIZED to file a foreclosure suit on the Subject Property and to seek an award of its costs, including reasonable attorney's fees, pursuant to Florida Statutes § 162.10." 9. The City attempted to serve the Order Authorizing Foreclosure, but the U.S. Postal Service returned it, undelivered. Consequently, the City posted the Order Authorizing Foreclosure on the Subject Property and at City Hall on October 30, 2023, to meet due process notice requirements. 10. Instead of foreclosing on the Subject Property, on May 29, 2024, the City and Respondent entered into a Forbearance Settlement Agreement, which gave Respondent 30 days to apply for all necessary permits and six months to complete all repairs. Page 4 of 6 The Februai 25. 2025 Mnsse4 Hearin 11. The City attempted to serve the Notice of Hearing for the February 25, 2025 Massey hearing via certified mail; however the U.S. Postal Service returned the Notice of Hearing undelivered. Thereafter the City posted the Notice of Hearing on the Subject Property and at City Hall on February 3, 2025, to comply with Section 2-253 of the City Code and Florida Statutes §§ 162.06 and 162.12. The Respondent had a full and fair opportunity to attend the hearing but failed to do so. 12. At the hearing on February 25, 2025, Code Officer .lerrol Coats presented evidence that the Subject Property has been demolished down to the brick walls, puisuantto a validly issued building permit. Consequently, the violations described above no longer exist. 13. Based on evidence presented by Officer Coats, the Subject Property came into compliance with the City Code on January 7, 2025. BASED ON THE FOREGOING, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: The Subject Property came into compliance with the City Code on January 7, 2025 (the "Compliance Date"). 2. Code enforcement fines, which accrued to $49,430.00 as of the Compliance Date, shall no longer accrue, retroactive to the Compliance Date, nunc pro tunc. The City shall record this Order in the public records of Brevard County, Florida. DONE AND ORDERED at Cape Canaveral, effective Februai , 25 2025. RD S. GELLER Special Magistrate City of Cape Canaveral Page 5 of 6 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by (check one) 9 /Physical presence or ❑ online notarization on this day of f-rby CAr , 2023 by Richard S. Geller. Said person (check one) Vs personally known to me, produced a driver's license (issued by a state of the United States) as identification, or ❑ produced other identification, to wit: (Affix Notai Notary Public - State of Florida i';• 4z SONIAGONZALEZ * *' MY COMMISSION $ HH 477077 EXPIRES: May 2, 202a CERTIFICATE OF SERVICE I hereby certify that I furnished a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order on Violation(s) by certified mail to the Respondent, Mr. Arturo Rodriguez, c/o 735 Kerry Downs Circle, Melbourne, FL 32940, and by posting on the Subject Property located at 256 Polk Avenue, Cape Canaveral, FL 32920, on this A(p— day of _' ,- b- 2025. J AJ Enfoicement-Officer L�LtL 'JIL-C S.\RSGICLIE,M%Cape Canaveral, City otlSpecial Magistrate Services C761-2527I\HearingA Finding Compliance and Ceasing Accrual of Fines - 2 26 25.docx Page 6 of 6