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HomeMy WebLinkAboutcocc_magistrate_orders_6115_n_atlantic_20250225SPECIAL MAGISTRATE OF THE CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida Municipal Corporation, Complainant, V. Case No. 23-222 D&B Land Holdings LLC John Kabboord Jr. 6115 N. Atlantic Ave. Cocoa Beach, FL 32920, Respondents. r ORDER TABLING CASE This cause came before the Special Magistrate of the City of Cape Canaveral on February 25, 2025, regarding that certain real property located at 6115 N. Atlantic Ave., Cape Canaveral, FL 32920 (the "Subject Property"), to determine whether the Respondents, D & B LAND HOLDINGS, LLC and JOHN KABOORD, JR.: (1) failed to timely comply with the Order set forth in the Special Magistrate's Second Amended Findings of Fact, Conclusions of Law and Order dated June 5, 2024; (2) remain in violation of the Cape Canaveral City Code with respect to the Subject Property; and (3) whether to impose a fine that will become a lien pursuant to Florida Statutes § 162.07 and Article VI, chapter 2 of the City Code, and the amount of any such fine. City Code Officer Jerrol Coats advised the Special Magistrate that the work required to bring the Subject Property into compliance with the City Code appears completed, but that Respondents have not yet requested and obtained a final inspection. Mr. Kabboord is seriously ill and, consequently, the Building Department extended the permits an additional six months to complete a final inspection. Page 1 of 3 Based on the foregoing, it is hereby ORDERED that Case No. 23-222 is TABLED until such time as the Code Enforcement Division may deem necessary to bring the matter back to the Special Magistrate for further consideration and proceedings. DONE AND ORDERED at Cape Canaveral, Florida, effective the 25th day of February, 2025. RICHAR S. GELLER Special Magistrate City of Cape Canaveral STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me b h sical presence or online notarizatJ'on on this IV" day of February, 2025 by Richard S. Geller. Sai person (check one) ibis 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: �' =`• Pam'• SONIAGONZALEZ ly 11 " MY COMMISSION # HH 477077 (Affix } ` ; L, al) EXPIRES. May 2, zo2s Notary Public -State of Florida NOTICE OF RIGHT OF APPEAL: Respondent is hereby notified that they or any party who may be aggrieved by this Order, including the City of Cape Canaveral, has the right to appeal this Order to the Circuit Court in and for Brevard County, Florida, within thirty (30) days of the rendition of this Order as set forth in Florida Statutes § 162.11. The party appealing has the obligation to submit a complete record of the proceedings. Page 2 of 3 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 and regular U.S. Mail to the Respondents, D&B Land Holdings LLC and John Kabboord Jr., 3201 N. Atlantic Ave., Cocoa Beach, FL 32920, this day of t, 2025. v fficer S:\RSG\CLIENTS\Cape Canaveral, City oflSpecial Magistrate Services C761-25271\Hearings\Hearings 2025\February 25, 2025\Order Tabling Case - D & B and Kabboord - rsg -2 26 25.docx Page 3 of 3