Enforcement for the city of Cape Canaveral. Today's date is May 27, 2025. My name is Rick Geller. I am special magistrate appointed by the city council to hear code enforcement cases pursuant to article six of the city code Florida
statutes chapter 162. Uh we are going to be holding this evening a quasi judicial evidentiary proceeding known as a massie hearing. Uh the burden of the proof is on the city to demonstrate uh by a prepoundonderance of the evidence that a code violation continues to
exist past the date established for compliance by a previous order that I have entered. In other words, I will determine based on the evidence presented to me this evening whether it is more likely than not that a violation continues to occur. Uh, the alleged
violator will have an opportunity to submit any rebuttal or exculpatory evidence, including testimony. At my discretion, I may allow a member of the public with relevant personal knowledge, to testify, even if not called by either the city or the responding party, and anyone who would like to testify should
sign the sign-in sheet at the front of the hearing room. Upon request, an alleged violator may ask relevant and material questions of any city witness and vice versa. The city may ask relevant immaterial questions of any witnesses for the
responding party. I may deem a certain evidence to be irrelevant, immaterial or unduly repetitions repetitious and excluded. In determining the amount of any fine, I will consider the gravity of the violation, any actions taken by the violator to correct the violation as
well as any previous violations uh that may have been uh committed by the violator under the city code and the Florida statutes. I may assess and order the payment of a fine of up to $250 per day per violation for per day per
violation for a first violation and up to $500 per day for a repeat violation. Uh I may also order a fine of up to $5,000 for a violation that I deem to be irreparable or irreversible as well as the cost of any repairs made by the
city. At the conclusion of the hearing, I will issue findings of fact, conclusions of law based upon the record before me and in order uh both here on the bench and in writing. I always endeavor to uh to uh u prepare and um uh
provide to our recording secretary, Miss Roth, the order by the end of the week. The city will record a certified copy of any order imposing a fine, which will become a lean against the land where the violation occurs, as well as any other real or personal property owned by the
violator. Any order I issue may be appealed by any party uh to the circuit court for Bard County, Florida within 30 days. It is the responsibility of the appealing party to obtain a record of these proceedings. An appeal is limited to the record that is presented before
me and I will administratively accept the city's agenda packet as city's exhibit 1 and its PowerPoint slides as exhibit 2. Um I have signed and approved of the minutes from March 25th, 2025 and I've given them to Miss Roth. Uh our
next meeting is June 24th, 2025. At this point, um, Officer Co, if if you and anyone else who uh intends to testify would ask you to be sworn in, you swear that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth. So, I help you
God. I do. Thank you very much. So the first case, the first case uh is a Massie hearing case number 2022 uh-093 uh regarding I have
here Oh, here we go. 618 Madison Avenue, Cape Canaveral. Uh looks like the respondents have a different mailing address. So with that, I'll let you I'll let you proceed. Okay. case number 22-093, Antonio Romano and Lydia
Romano. As you had stated, Mr. Geller, the address, 618 Madison Avenue, Cape Canaveral, Florida, 32920. Uh, legal is as written. Mhm. Parcel as written. Violation is for property maintenance sections 302
exterior property areas 304 accessory structures 306 component serviceability of the international property maintenance code. Okay. Master orders 131
3023 return to center on 306 2023 Romano Antonio and Romano Lydia. uh 38 of 2023 postal property in accordance with Florida statute 162.12 notices along with required
posting at city hall. Okay. Notice of hearing notice of messy hearing 57205 sent certified mail by USPS to Antonio Romano and Lydia Romano return to sender on
524 2025 on 51225 posted property in accordance with Florida statute 162 notices along with required posting at city hall. Got it. That's a picture
of the property as it is right now. Let me ask you this. I I I do remember this property being a real mess. And this goes back a couple years. It does. And they were supposed to uh demo part of the property. They were supposed to uh
get building permits, construction permits done and uh do some considerable renovating. Did that happen? Yes or no? Okay, I'll let you proceed then. Okay. Okay. Uh, case number
22-093. Um, on January 24th, 2023, I presented this case to you and you determined that the property was in violation of the notice of violation. Consequently, or or or in violation of the code sections that were cited in the
notice of violation. There we go. Okay. Okay. Consequently, the respondent was granted until February 27th, 2023 to submit applications for and obtain both demolition and construction permits inclusive of all requisite architectural
and engineering plans in accordance with the Florida building code. The respondent further was further directed to bring the property into full compliance with the city code, including all applicable provisions of the international property maintenance code
prior to the expiration of all associated construction demolition permits. And February 14th, 2023, a demolition permit was applied for and subsequent subsequently issued
on February 23rd, 2023 with an expiration date of August 19th, 2025. Although the permit remains active until its designated expiration date, no additional demolition activity is
expected. On 5:15, 2023, a construction permit was applied for and was thereafter issued on February 2nd, 2024 with an expired date of May 7th, 2025. The Mark Beck Construction Company
served as the applicant for both the demolition and construction permits. Can you go back one that one slide? So, the expiration of the construction permit was May 7. Yes, sir. 2025. So earlier this month they had to get it
done. Yes, sir. Okay. And then the then the demo permit that has not yet expired. That's until the demo permit has not yet expired. However, the demolition they applied for was done. And that consisted of just tearing off
uh rear decks on two of the buildings. And so the so the rear deck demolition did occur. Yes, sir. Okay. So that's So the demolition's not an issue this evening. That was actually a just a partial demolition. Okay. On February
2525, staff received an email from the architect associated with this property regard regarding the process by which the contractor Marbeck could formally withdraw from the permit due to ongoing disagreements with the property owner.
The permit technician, Anna Young, advised that they will need a request in writing requesting to cancel the permit on April 17th, 2025. No letter or email has been received requesting cancellation of the permit. The permit
remains active and is set to expire on May 7th of 2025. May 7th, 2025, permit number P23-0729 has expired. Let me get that permit number before you change the uh
the slide. So it's P23-07 29. So So basically we got this email saying what's the process to withdraw it? Nothing further and then it it expires. It expired. Okay. All construction activities ceased on
November 7th, 2024 and the site has since remained incomplete and in a visible state of disrepair. The property continues to exhibit conditions that negatively impact the surrounding community. Like to show you some pictures here.
This is how the property looks right now. Uh overall view of both the properties, both the structures on the property. So there's a single address for this property, but there are two units on sharing the same. Okay.
And and is this supposed to be like a what kind of structure is this supposed to be? A condo or single family homes or what is it? I have no idea what he was going to do with this. Okay. This this permit thing and uh the construction issue has been long ongoing for a few years now. Okay. So So what we have here
is um it's still very dilapidated all over. Well, it's just it's just incomplete construction. And it's it we have um exposed bricks without stucco. Uh they pretty much applied for and
obtained the building construction permit and started work and then due to disputes left but they never said in writing that they wanted to withdraw from the permit. So it remained open and in sitting in disrepair. This section right here is on the uh
this building to the uh close to the uh coastal area. Yeah. Right there was added onto the structure that was that fence part of the one of the original things had to get fixed back in back in
January 20 whatever year that was 2023. 2023. Yes, sir. It was. Okay. This is the overall side of the property. You're just up here. Back up. I just missed that one. Okay. Is this the same fence or is that a different part of the fence? It's the same. It's the same
wooden fence connected to this uh concrete structure they had. It was That's original. Both of them are original. Another view. That's that's the original property. This portion right here in the rear is
what was demoed. Yeah. And that right there was put in its place. Okay. Another view of the uh the laminated fence. Just a disrepair. It's just sit for a couple
years just like this. So the the last construction was November of 2024. Yes, sir. Okay. That's when so about half a year. About half a year. A little little more than that. Maybe eight months. No work has been done since.
Okay. Uh proper representative. I don't think he's here. Staff recommendation is based on the testimony and evidence submitted at this hearing. staff respectfully request the magic find the respondents in violation of the notice
of violation as set forth in the January 27th, 2023 magistrate order a fine being imposed in the amount of $100 for the first day and $50 every day thereafter until compliance is confirmed by the code enforcement officer and all cost
cost associated with the enforcement of the violation being imposed. All right. Are there any any cost that you can present to me this evening that I can Okay, then I won't be able to add that to to to my order. But um I guess one question I have is there were actually a
a some different deadlines that I I had written down here when I looked at the order earlier today, but I had and I think we're in agreement on this that February 27, 2023. That's when they had to submit an application for a demo permit. They'd have all tenants vacate.
They had until April 30th, 2023 in which to com to apply for the construction permit. Appears that they met those deadlines by by by submitting the applications. They as far as we know, there are no tenants there today. That is one thing they did do.
Yeah. As far as fixing this property up, it's still in discipline. It's still Yeah, it it is. So, I guess the question is from what date do I start running the fines? Because I'm I'm inclined to to impose fines here. The violations are obvious. Mr. Giller, I would say from
that last day, uh I would say from November 7th of 2024. Okay. From when they stopped um performing. Okay. When they stopped because they they were carrying on like they were going to do something. It was right. Maybe, you know, give him a
chance to approve his property. Yeah. All right. All right. I think I'm I'm prep. Anything further? I think I'm prepared to to rule. All right. I find that all of the um notices uh were in compliance with the city code and with Florida
statutes, including the hearing for the Massie hearing this evening. the uh property owners respondents had a full and fair opportunity to appear here this evening. They elected not to and the fence uh remains in violation.
from the fence. Um and there uh the my prior order was to bring the subject property into full compliance with the city code including uh the sections of the um international property maintenance code that were cited at the beginning of this hearing by officer coats.
And I stated that if the respondents fail to comply within the time period set forth in the order that um this hearing would be scheduled that the respondents would be duly notified and um we would have we would
proceed. Uh there remain serious violations of the international property maintenance code. I'll abbreviate that abbreviate that by calling it the IPMC. I mentioned the rotten fence. That's in violation of section 302.7
regarding accessory structures. They remain in violation of 304.1. The exterior of the structure shall be maintained in good repair, structurally sound, sanitary, shall not pose a threat to public health, safety, or welfare. They're in
violation. They appear to have remedied the violations pertaining to that deck that was in really since it was demolished. So, I'm going to not include the deck. It's in violation of section 304.2
of the IPMC which pertains to protective treatments. Uh, we have the Tyveck just falling off this thing. There's no stucco on the on the exposed bricks. The exterior surfaces are not being maintained in a good condition. Exterior wood surfaces shall
be protected from the elements and decay by painting or other protective covering or treatment. And certainly um that's not happening here. That's 304.2. We're we're in violation of 304.5 that foundational walls shall be plum and
free from cracks break shall be kept in such condition as to prevent entry of rodents or other pets and pests. Uh these walls are not um they're not weatherproofed. Violation of 304.6 about exterior walls must be
maintained weatherproof. I I previously found a violation of 304.10 10 that pertains to stairways, decks, porches, balconies, and but again, they remedy that by with the demolition. So, I won't include
that. Uh we saw on the the balcony they have some temporary construction handrails. Uh but the structure on the right has none. So they're in violation of section 304.12
that that handrails shall be firmly fastened and support the normal normally imposed loads. There are no handrails on the structure on the right whatsoever on that balcony. when you visited the property. I mean, on the on the left, it it looks like
there are remnants of stucco on there. Is that or is that was that something that was applied during the construction? Do you know? Remnants of the Stuckco from the original. Okay. And and it looks like it's in bad shape. It's very bad shape. and they've
increased the sizes of these windows. Mhm. As you can see, uh and they're they're not protected. They're they're all open to the elements. Yes. I'm finding a violation of 301.1 um due to
um deterioration of of that stucco on that first building. I'm going to impose a fine of uh $50 I'm sorry, $100 for the first day, $50 for each day thereafter as recommended by the city. Um that it will
commence as of lost the date there. November. Do you remember it? November 7th, 2024. That was the last day of their their constru. I want to make sure I get that right. The last day that they did construction.
November 7th. You're right. November 7, 2024 will start the fines will acrue as of that date. And these fines will continue to acrew until they bring this property into full compliance with the code. uh in full compliance with my January 27,
2023 order, uh the fines will run in favor of the city of Cape Canaveral. The uh city has the authority to collect the acred fines after 3 months is run and to uh record the u my my order
imposing these fines in the public records. I just make sure that when when it's recorded that that it's a certified certified copy um in setting the amount of the uh fines. Uh I consider the gravity of the violation the eyesore that this property
is to the to the neighborhood to the community to the larger city. Um as far as actions taken by the violator to correct the violation there have been no actions whatsoever since November 7, 2024. We have no indication uh of that. uh whatsoever. And and we've
had eight months at this point at least. Yeah. To to to to uh get a new contractor or new architect, whatever they needed to do, and they've not done it. Um I have no evidence of previous violations uh by this particular uh
respondent, but again, the gravity of the violation is is such that it more than easily justifies the uh the fines. is your recommendation um the $100 and $50 is that going to be per violation or is that just all all
included? Because if it's per violation, I I rattled off probably half dozen. Let's leave it like it is. Okay. So be it'll be all inclusive. Yes, sir. Okay. I I think the city's very generous uh in
in making that recommendation. I agree. Yeah, I I could easily have gone up to the to my $250 maximum there. Um they still did cross my mind, but I'm going Okay. I mean, we're just trying to get compliance here and and make um All
right. Right. So, the acrewing fines uh upon the recording in the official records of Bvard County shall become a lean in favor of the city on the subject property and upon any other real or personal property of the respondent pursuant to section
2-252e of the city code and Florida statute section 162.093. Um, this is obviously not homestead property. In fact, I I find this is not homestead property because obviously it's no one can be living there. It is um it is subject to
foreclosure pursuant to Florida statutes 162.093 and uh the city may elect to pursue that remedy um if they don't do not get cooperation. And in a foreclosure action, uh the city uh would be able to uh pursue a recovery
of its attorney's fees uh for that action. So that is that's all I have on this one. I'll get this um all in in an order form by the end of the week. Is there is there any further business this evening? No, sir. I think that's all. All right.
Appreciate appreciate everyone being here and appreciate the presentation. Thank you, sir. All right, then I will adjourn the meeting. Thank you so much everyone. [Music]