HomeMy WebLinkAboutcocc_recorded_lien_rodriguez_21-033_20240112SPECIAL MAGISTRATE HEARING
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
Arturo Rodriguez,
256 Polk Avenue
Cape Canaveral, FL 32920,
Respondent.
Case No.: EN21-033
CFN 2024007643, OR BK 9969 PAGE 2824.
Recorded 0111212024 at 02:35 PM, Rachel M. Sadoff,
Clerk of Courts, Breva rd County
# Pgs:10
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ORDER IMPOSING FINES/LIEN
THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida
on May 19, 2021, 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 remains in violation of the Special
Magistrate's March 31, 2021 Order and City of Cape Canaveral Code of Ordinances and whether
fines should be assessed, in accordance with Massey v. Charlotte County, 842 So. 2d 142 (Fla. 2d
DCA 2003).
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:
Page 1 of 9
I
I
1. Respondent is the owner of the Subject Property.
2. Respondent received due notice of the Special Magistrate's March 31, 2021 Order,
which was sent to Respondent via certified mail on March 31, 2021. A signature indicates its
receipt. In addition, the Order was posted at the Subject Property and at City Hall on March 31,
2021.
3. Respondent received due notice of these proceedings. A Notice of Compliance
(Massey) Hearing dated May 4, 2021 sent by certified mail the same day, was delivered to
Respondent's Melbourne address indicated above on an undetermined date. in addition, Senior
Code Enforcement Of John Mayberry posted the Notice of Hearing at the Subject Property
and at City Hall on May 4, 2021. Respondent has not retrieved any of the notices posted at the
Subject Property, but he appeared at the hearing and gave testimony.
4. At the hearing on May 19, 2021, the Special Magistrate heard testimony by Mr.
Mayberry of a site visit on May 18, 2021, and viewed photographic evidence showing:
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. The Respondent
acknowledged that he is
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 2 of 9
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, cinderblock, siding,
and other building and roofing material is located just inside a fence, visible through
an open gate.
5. The Respondent, Mr. Rodriguez, appeared at the evidentiary hearing and testified
that he has cleaned up "here and there," but was not contesting what was shown in the photographic
evidence. He committed to "get moving."
6. Mr. Rodriguez stated that he has now received engineering drawings from island
Plan Design, which he presented and with which he can pull permits for renovating the property.
He committed to applying for permits by Friday, May 28, 2021.
7. Mr. Rodriguez represented that the grounds were mowed on multiple occasions
after the March 31, 2021 Order, but he did not contest that the grass and vegetation was in excess
of 12 inches on May 18, 2021, as depicted in the photographic evidence. A neighbor to the Subject
Property, Noreen Holmes, testified that the property was mowed once during the time in question.
8. Ms. Holmes testified that the property is in a state of neglect and that rodents and
snakes emanate from the Subject Property. A photograph showed vegetation treated with a
chemical weed killer along the property line to attempt to ameliorate the infestations.
9. Mr. Rodriguez testified that a contractor, Total Homes, pulled a permit for roofing
work. Ms. Holmes -testified that the roof work covered a rotten underlying structure, which Mr.
Page 3 of 9
Rodriguez disputed. Senior Code Officer Mayberry, testified that the roof permit expired without
the City performing any inspections.
10. Mr. Rodriguez, who is a drywall contractor, acknowledged that, as the property
owner, he is responsible for ensuring that the contractors working on his property pull permits,
arrange for inspections, and properly close the permits.
CONCLUSIONS OF LAW
11. The City properly served and posted the Special Magistrate's Order and Notice of
of Compliance (Massey) Hearing in accordance with Section 2-253 of the City Code and Florida
Statutes §§ 162.06 and 162.12.
12. The exterior of the Subject Property remains 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. 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."
Page 4 of 9
D. 304.1.1 of the International Property Maintenance Code ("Unsafe
Conditions"), which states:
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;
(8.) 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. Section 304.2 of the International Property Maintenance Code ("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. 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. Section 304.15 of the International Property Maintenance Code ("Doors"),
insofar as the location for a French door is boarded -up, 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. Section 302.4 of the International Property Maintenance Code ("Weeds"),
which states, "Premises and exterior property shall be maintained free from weeds or plant
Page 5 of 9
growth in excess of twelve inches. Noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation other than trees or shrubs provided;
however, this term shall not include cultivated flowers and gardens.
I. 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."
13. Respondent has had a reasonable time from service and posting of the Notice of
Violation on February 16, 2021, and the Special Magistrate's March 31, 2021 Order in in which
to correct the violations. The Special Magistrate's March 31, 2021 Order gave respondent until
April 29, 2021 in which to 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.
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.
Page 6 of 9
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.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS
OF LAW, IT IS HEREBY ORDERED AS FOLLOWS:
1. The Special Magistrate has considered the factors for establishing a code
enforcement fine pursuant to Florida Statutes § 162.09(2)(b) and Section 2 252(b) of the City
Code, and hereby enters 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. The fines shall accrue
on a daily basis until the Subject Property is brought into full compliance with the Special
Magistrate's February 24, 2021 Order.
2. No enforcement costs shall be awarded at this time.
3. Upon recording in the public records of Brevard County, the fines shall run with
the land in favor of the City of Cape Canaveral. The City of Cape Canaveral has the authority to
collect the accrued fines after at least three months has run from the date this Order is recorded in
the public records of Brevard County, Florida.
4. 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).
5. The Respondent represented that he is renovating the Subject Property as a business
venture. All non -homestead real property subject to a code enforcement lien is subject to
Page 7 of 9
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.
A CERTIFIED COPY OF THIS ORDER WILL BE RECORDED IN THE PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA, AND PURSUANT TO § 162.09,
FLORIDA STATUTES AND SECTION 2-252(e) OF THE CITY CODE, WILL
CONSTITUTE A LIEN AGAINST THE RESPONDENT'S REAL PROPERTY THAT IS
THE SUBJECT OF THIS ORDER AND AGAINST ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE RESPONDENT.
DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of Ma)-, 2021.
RIC 'IA S. GELLER
Special Magistrate
City of Cape Canaveral
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by (check one)1Jphysical presence or O
online notarization on this day of VA , 2021 by Richard S. Geller. Said
person (check one) As personally known to me, produced a driver's license (issued by a state of
the United States) as identification, or 0 produced other identification, to wit:
40
w' I�IE8'MYCHEiiT1E
WCOAMSM#GG918T81 {
(Affix Notary Seal) I MRJMWY13.2M
`eabedtbuNole�yPueielfid�wbn
Page 8 of 9
Notary Public - State of Florida
CERTIFICATE OF SERVICE
I hereby certify that 1 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 71 day of
2021. /
��J r 1
C, de Enforcement Aricer
S:uRSG1CLJEWr 1Cape Canaveral, City 0P1SPecial Magistrate Services C761 252711Heming - 05 19 21%odrigaez, Arturo (MesseY Order) -5 19
21.D=x
Page 9 of 9
CERTIFICATION
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL
I, Mia Goforth, do hereby certify the attached copy of the Findings of Fact, Conclusions of Law
and Order Imposing Fines/Lien, Case No. EN21-033 from the Special Magistrate Hearing, City of
Cape Canaveral, on May 19, 2021, the City of Cape Canaveral v. Arturo Rodriguez, 256 Polk
Avenue, Cape Canaveral, FL 32920, is a true and correct photocopy of the City's record copy.
By my hand and the official seal of the City of Cape Canaveral on this 12th day of January, 2024.
Mia Goforth
City Clerk
7