HomeMy WebLinkAboutcocc_case_no_22-093_romano_SPECIAL MAGISTRATE OF THE
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida Municipal Corporation,
Complainant,
V. Case No. 22-093
ANTONIO ROMANO and LIDIA ROMANO,
3951 Hunters Isle Drive
Orlando, FL 32837
Respondents.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came before the Special Magistrate of the City of Cape Canaveral, Florida
on January 24, 2023, for consideration after due and lawful notice to the Respondents, ANTONI0
ROMANO and LIDIA ROMANO, 3951 Hunters Isle Drive, Orlando, FL 32837, to determine
whether that certain property located at 618 Madison Ave. Cape Canaveral, FL. 32920 (the
"Subject Property") is in violation of the City of Cape Canaveral Code of Ordinances.
Having heard the arguments and testimony, and having reviewed the record evidence and
being fully advised, the Special Magistrate issues the following Findings of Fact, Conclusions of
Law, and Order, as set forth herein.
FINDINGS OF FACT
The Special Magistrate finds as follows:
1. Respondents own the Subject Property.
2. Inspections by the City occurred on September 15, 2022, November 17, 2022, and
January 24, 2023,
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3. The City's inspector observed and documented major cracks, holes, and spalling in
multiple areas of the exterior wall and foundation. A header above a window is crumbling. Stairs
and balconies have rotting and cracking wood. Paint is faded, chipped and peeling. The roof soffit
is missing in multiple locations.
4. A fence is in disrepair and has rotten, missing and broken slats throughout. The
fence is leaning in multiple areas. Chipped, faded and peeling paint is on the fence surface. Part
of the fence was demolished so that Universal Engineering could bring equipment onsite for soil
boring.
5. The City served a Notice of Violation on June 16, 2022 via U.S. Certified Mail and
received a return receipt indicating service on June 17, 2022.
6. The City served a Notice of Hearing on December 28, 2022 via U.S. Certified Mail
and posted the Subject Property and City Hall on January 13, 2023.
7. The Subject Property is a hazard to public health, safety, and welfare and is a blight
on the neighborhood.
8. In May 2022, Respondents retained Fulvio Romano, a licensed architect, a redesign
the Subject Property. Fulvio Romano testified that Respondents acquired the Subject Property in
March 2022.
9. In August 2022, Respondents retained a structural engineer, Mason Zie, ASE
Engineering in Orlando, to prepare engineering drawings.
10. Fulvio Romano expects to have new schematic drawing of the Subject Property by
the end of January 2023. He testified that Respondents would submit an application with plans
for partial demolition to the City by the end of January 2023. He expects to have final architectural
and engineering plans by the end of March 2023. He expects construction to commence in July
2023 and last approximately nine months.
CONCLUSIONS OF LAW
1. The City's service of the Notice of Violation and Notice of Hearing complied with
the Section 2-253 of the City Code and Florida Statutes § § 162.06 and 162.12.
2. The City adopted the International Property Maintenance Code (the "IPMC") at
Section 82-221 of the City Code.
3. The rotten fence in disrepair, with missing and broken slats, is in violation of
section 302.7 of the IPMC (Accessory Structures), which states, "Accessory structures, including
detached garages, fences and walls, shall be maintained structurally sound and in good repair."
4. The Subject Property is in violation of Section 304.1 of the IPMC (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 the public health, safety or welfare."
5. The Subject Property is in violation of Section 304.1.1 of the IPMC (Unsafe
Condition), which states:
The following conditions shall be determined as unsafe and shall be
repaired or replaced to comply with the International Building Code
or the International Existing Building Code as required for existing
buildings: ....
5. Structural members that have evidence of deterioration or
that are not capable of safely supporting all nominal loads
and load effects; ....
7. Exterior walls that are not anchored to supporting and
supported elements or are not plumb and free of holes,
cracks or breaks and loose or rotting materials, are not
properly anchored or are not capable of supporting all
nominal loads and resisting all load effects; ....
12. Exterior stairs, decks, porches, balconies and all similar
appurtenances attached thereto, including guards and
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handrails, are not structurally sound, not properly anchored
or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects.
6. The Subject Property is in violation of Section 304.2 of the IPMC (Protective
Treatment), which states:
304.2 Protective treatment. Exterior surfaces, including but not
limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks and fences, shall be maintained in good condition.
Exterior wood surfaces, other than decay -resistant woods, shall be
protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and chipped paint
shall be eliminated and surfaces repainted. Siding and masonry
joints, as well as those between the building envelope and the
perimeter of windows, doors and skylights, shall be maintained
weather resistant and water tight. Metal surfaces subject to rust or
corrosion shall be coated to inhibit such rust and corrosion, and
surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
7. The Subject Property is in violation of Section 304.4 of the IPMC (Structural
members), which states, "Structural members shall be maintained free from deterioration, and shall
be capable of safely supporting the imposed dead and live loads."
8. The Subject Property is in violation of Section 304.5 of the IPMC (Foundation
Walls), which states, "Foundation walls shall be maintained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests."
9. The Subject Property is in violation of Section 304.6 of the IPMC (Exterior Walls),
which states, "Exterior walls shall be free from holes, breaks, and loose or rotting materials; and
maintained weatherproof and properly surface coated where required to prevent deterioration."
10. The Subject Property is in violation of Section 304.10 of the IPMC (Stairways,
decks, porches and balconies), which states, "Every exterior stairway, deck, porch and balcony,
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and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with
proper anchorage and capable of supporting the imposed loads."
11. The Subject Property is in violation of Section 304.12 of the IPMC (Handrails and
guards), which states, "Every handrail and guard shall be firmly fastened and capable of supporting
normally imposed loads and shall be maintained in good condition."
12. The Subject Property is in violation of Section 301.1.1 of the IPMC (Unsafe
conditions), which states:
Where any of the following conditions cause the component or
system to be beyond its limit state, the component or system shall
be determined as unsafe and shall be repaired or replaced to comply
with the International Building Code or the International Existing
Building Code as required for existing buildings:
2. Concrete that has been subjected to any of the following
conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following
conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
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4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS
OF LAW, IT IS HEREBY ORDERED AS FOLLOWS:
1. Respondents shall have until February 27, 2023 in which to submit an application
for a demolition permit for partial demolition of the Subject Property.
2. Because of the serious safety hazards on the Subject Property, any and all tenants
or other inhabitants must vacate the premises no later than February 27, 2023.
3. Respondents shall have until April 30, 2023 in which to submit an application for
a construction permit with all required architectural and engineering drawings and shall thereafter
submit all applications required for construction in accordance with the Florida Building Code.
4. Respondents must keep all permits in good standing.
5. Respondents shall bring the Subject Property into full compliance with the City
Code, including sections of the IPMC incorporated into the City Code, before expiration of all
necessary construction permits.
6. If Respondents fail to comply within the time -periods set forth in this Order, the
Code Enforcement Officer shall schedule a compliance hearing before the Special Magistrate and
duly notify Respondents of the hearing in accordance with law. Respondents shall have an
opportunity to appear and present testimony and evidence as to whether the violation is continuing
on the Subject Property.
7. The Special Magistrate shall make a final determination at a compliance hearing
whether Respondents have achieved compliance, and if not, will impose fines. Upon a finding
that the Subject Property remains in violation, the Special Magistrate shall issue a fine in an amount
up to $250.00 per day for a first violation and up to $500.00 per day for each repeat violation, per
violation, until the Respondents have corrected the violation. In addition, a fine may include any
costs of repair incurred by the City as well as the City's enforcement costs.
8. Any fines which may be imposed may become a lien in favor of the City on the
Subject Property and upon any other real or personal property of the Respondent, pursuant to
Section 2-252(e) of the City Code and Florida Statutes § 162.09(3).
9. All non -homestead real property subject to a code enforcement lien is subject to
foreclosure pursuant to Florida Statutes § 162.09(3) and the City may obtain an award of its costs,
including a reasonable attorney's fee, pursuant to Florida Statutes § 162.10.
DONE AND ORDERED at Cape Canaveral, Florida, this 27th day of January, 2023.
RICHARD S. GELLER
Special Magistrate
City of Cape Canaveral
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by physical presence or online
notarization o this a-1*' day of , 2023 by Ric ar . e er. Said person
(check one) is personally known to me, produ ed a driver's license (issued by a state of the
United States) as identification, or ❑ produced other identification, to wit:
(Affix Notary Seal)
MyCM%$"#WWM
eondea inn, trotary auapc t�nderwrMers 7
Notary Public -State of Florida
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, ANTONIO ROMANO and LIDIA ROMANO, 3951 Hunters Isle Drive, Orlando,
FL 32837, this 31 day of Tan uaru , 2023.
Code Enforcement Officer
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Conclusions Of Law & Order - Romano - 125 23.Docx
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