HomeMy WebLinkAboutcocc_mag_orders_rodriguez_20210331SPECIAL 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
FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida
on March 30, 202' for consideration, 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") to determine whether the Subject Property is in violation of the City of Cape
Canaveral Code of Ordinances.
Having heard the arguments, evidence, and testimony presented, and having reviewed the
record and being fully advised, the Special Magistrate issues the following Findings of Fact and
Conclusions of Law, which are incorporated into Order as set forth below.
FINDINGS OF FACT
Based upon the evidence and testimony presented at this hearing, the Magistrate finds:
1. Respondent is the owner of the Subject Property.
2. In response to a citizen's complaint, a Code Enforcement Officer John Mayberry
inspected the Subject Property on February 16, 2021.
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3. Respondent received a Notice of Violation dated February 16, 2021, sent to him by
certified mail, return receipt requested, and posted at the Subject Property on February 26, 2021.
4. Respondent received due notice of these proceedings. A Notice of Hearing was
sent via certified mail, return receipt requested, to Respondent's Melbourne address indicated
above on March 16, 2021. In addition, Code Enforcement Officer John Mayberry posted the
Notice of Hearing at the Subject Property and at City Hall on March 16, 2021. Respondent did
not appear or have counsel appear on his behalf at the hearing.
5. As indicated in the Notice of Violation, the Special Magistrate heard and viewed
photographic evidence of:
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. An apparent 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. The side and back yards have tall grass and weeds in excess of 12 inches in
height.
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F. 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 open gate.
CONCLUSIONS OF LAW
6. The City properly served and posted the Notice of Violation and Notice of Hearing
in compliance with Section 2-253 of the City Code and Florida Statutes §§ 162.06 and 162.12.
7. The exterior of the Subject Property is in a state of neglect and deterioration, in
violation of
A. City Code section 82-221, which adopted the International Property
Maintenance Code (2018 edition);
states:
B. Section 101.2 of the International Property Maintenance Code, which
101.2 Scope. The provisions of this code shall apply to all existing
residential and nonresidential structures and all existing premises
and constitute minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, a reasonable level
of safety from fire and other hazards, and for a reasonable level of
sanitary maintenance; the responsibility of owners, an owner's
authorized agent, operators and occupants; the occupancy of
existing structures and premises, and for administration,
enforcement and penalties.
C. The Subject Property is in violation of Section 304.1 of the International
Property Maintenance Code ("General"), which states, "The exterior of a structure shall be
maintained in good repair, structurally sound and sanitary so as not to pose a threat to
public health, safety or welfare."
D. The Subject Property is in violation of Section 304.1.1 of the International
Property Maintenance Code ("Unsafe Conditions"), which states:
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The following conditions shall be determined as unsafe and shall be
repaired or replaced to with the IPMC or the International Existing
Building Code as required for existing buildings;
(S.) Roofing or roofing components that have defects that
admit rain, roof surfaces with inadequate drainage, or any
portion of the roof framing that is not in good repair with
signs of deterioration, fatigue or without proper anchorage
and incapable of supporting all nominal loads and load
effects.
E. The Subject Property is in violation of Section 304.2 ("Protective
Treatment"), which states, "Exterior wood surfaces, other than decay -resistant wood, shall
be protected from the elements and decay by painting or other protective covering or
treatment," as well as Section 304.6 ("Exterior Walls"), which states, "Exterior walls shall
be free from holes, breaks, and loose or rotting materials; and maintained weather-proof
and properly surface coated where required to prevent deterioration."
F. The Subject Property is in violation of Section 304.13 of the International
Property Maintenance Code ("Windows"), which states, "Every window, skylight, door
and frame shall be kept in sound condition, good repair and weather tight."
G. Insofar as the apparent location for a French door is boarded -up, the Subject
Property is in violation of Section 304.15 ("Doors"), which states, "Exterior doors, door
assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure
the door."
H. The Subject Property is in violation of Section 302.4 of the International
Property Maintenance Code ("Weeds"), which states, "Premises and exterior property shall
be maintained free from weeds or plant growth in excess of twelve inches. Noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation
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other than trees or shrubs provided; however, this term shall not include cultivated flowers
and gardens.
I. The Subject Property is in violation of Section 308.1 of the International
Property Maintenance Code ("Accumulation of Rubbish or Garbage"), which states,
"Exterior property and premises... shall be free from any accumulation of rubbish or
garbage."
8. Respondent has had a reasonable time from service and posting of the Notice of
Violation on February 16, 2021, in in which to correct the violations.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS
OF LAW, IT IS HEREBY ORDERED AS FOLLOWS:
1. Respondent has until April 29, 2021, in which to pay for and obtain all permits
required by Ordinance and correct the violations on the Subject Property by accomplishing the
following:
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.
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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.
F. 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.
2. Respondent shall be responsible for providing notice to the City Code Enforcement
Division of the Community Development Department that he has brought the Subject Property
into compliance with the Code and this Order.
3. If Respondent fails to correct the violations within the time -period set forth in this
Order, a Code Enforcement Officer shall schedule a compliance hearing before the Special
Magistrate.
4. The City shall duly notify Respondent of the compliance hearing in accordance
with law and Respondent shall have an opportunity to appear and present testimony and evidence
as to whether the violation is continuing on the Subject Property.
5. The Special Magistrate shall make a final determination whether compliance has
occurred, and if compliance has not occurred, to impose fines. Upon a finding that the Subject
Property remains in violation, the Special Magistrate shall order payment of a fine in an amount
no less than $100.00 for the first day and $50.00 for each day thereafter that the Subject
Property remains in violation, plus the City's enforcement costs.
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6. Any fines which may be imposed may become a lien in favor of the City on the
Subject Property and upon any other real or personal property of the Respondent, pursuant to
Section 2-252(e) of the City Code and Florida Statutes § 162.09(3).
7. The Subject Property appears uninhabited. All non -homestead real property
subject to a code enforcement lien is subject to foreclosure pursuant to Florida Statutes § 162.09(3)
and the City may obtain an award of its costs, including a reasonable attorney's fee, pursuant to
Florida Statutes § 162.10.
DONE AND ORDERED at Cape Canaveral, Florida, this 31 st day of March. 2021.
-�J
RICHARD S. GELLER
Special Magistrate
City of Cape Canaveral
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by physical present. or online
notarization on this 31 %* day of hA eky C11 , 2020 by Richard S. Geller. Said person
(check one) E(is personally known to me, produced a driver's license (issued by a state of the
United States) as identification, or ❑ produced other identification, to wit:
'. '•.s 10MO RLYCHILEM ��'
(Affix Notary Seal) '� WCOMM'"ONJ0091 " Notary Public - State of Florida
EXPIRE$: Jm=y 1% 2M
• . , , .' 8onded ifru Noery Publctt+rdww+Nen ,
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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, on this day of
, 2021.
C e Enforce men
S:1RSGICLIENTS1Cape Canaveral, City OflSpecial Magistrate Services C761 252711Hearing - 03 30 211Rodriguez, Arturo - 3 30 21.Docx
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