WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=8OH0AqgxE0Q

Part: 1

1
00:00:01.680 --> 00:00:25.119
some others. >> We got a full schedule. >> Oh yeah. Oh yeah. >> This is a little stuff for beer bunnies. This is the real deal. This is >> once once a month I get to play Josh. >> Are we rolling?

2
00:00:25.119 --> 00:00:47.680
>> We are. >> Okay. >> Yeah. I just didn't want to forget it. >> No, that's fine. So cold in here. Oh, I got you a bottle of water. >> I want I brought mine. >> You did? >> I did. I brought from the car. >> Oh, okay. >> Yeah. I didn't want to think. I didn't want to forget.

3
00:00:47.680 --> 00:03:43.760
>> Well, I know last time I forgot, but you had some, so I didn't feel so bad. >> You got one. Just Just hold on to it over there cuz I'll probably forget to bring it in one day and I'll really need it. Whoops. What? Mr. Kelly, we got two cases tonight.

4
00:03:43.760 --> 00:04:07.519
Same individual, two different properties. >> Yeah, I I looked at the agenda packet. batteries in that thing. It's a little slow. So, you got to >> Yeah. Oh, yeah. Absolutely. >> For 6 months.

5
00:04:07.519 --> 00:04:23.280
>> Yeah. >> No, I'll I'll probably up here because as soon as I get through with mine, I'm going to take that out. Put yours up. Yeah, it's what they're trying to do is like educate the people and let them do this again because they lose

6
00:04:23.280 --> 00:04:39.280
connection. >> So far, everybody's >> But yeah, just sit here and just I'm happy to come in. >> No, just the down button to go to the next slide. >> Exactly. >> That was when I was doing my presentation to the group, I was just using >> Thank you. >> Either way. Okay. Whatever you Whatever

7
00:04:39.280 --> 00:05:00.759
you want to do or you can go you can go one of these right here. >> Yeah. Yeah. Yeah. If this ever quits, just use their >> What's going here at 6:00, right?

8
00:05:00.880 --> 00:05:39.840
>> Yes, ma'am. This is the seats are supposed to be You're fet. >> Yeah. Right. >> But I bet you pack a mighty punch, right? >> I do. >> Did you come in for this? Were you

9
00:05:39.840 --> 00:06:09.840
working nice? No, I work nice, but um my sergeant sent me over to this >> on tonight's night shift. It's uh Nicole Pontto. >> All right. I was going to introduce you

10
00:06:09.840 --> 00:06:26.720
the way you want to. >> Okay. >> Any chance? >> Mr. Geller. >> Yes, sir. >> This is Zach. >> Hi, Zach. How are you? Good to meet you. >> He's our new director of community and economic development. And what's the

11
00:06:26.720 --> 00:06:43.360
other part? >> Emergency operations. Okay. A lot under a lot under the purview. Yes. I already built that. >> Yeah. >> Good to meet you. >> All right. So, so the planners are under you then, >> correct? >> So, it's planning, zoning, economic development. >> Yep. Enforcement.

12
00:06:43.360 --> 00:07:00.080
>> Those are good for under management. >> Okay. All right. >> He's got it all. >> Never used to find every day. >> Zach, what's your what's your last name? Michael. >> Okay. Are you from Are you from this area?

13
00:07:00.080 --> 00:07:20.759
>> I've been in Bard since 2011. Florida Tech. Yeah, I was there for 8 years. Got a bachelor's and a masters. But before that, I was born in Southary sciences and then bachelors. >> Yes. Sustainability studies. >> Okay. That's how you got into

14
00:07:23.919 --> 00:07:52.520
>> that's a little bit life takes turns, but work out for the best. So that's great. So I'm excited to see what you mean. >> All right. All right. Thank you. Sure thing. Thanks, Penny. >> You're welcome. She must understand that she understand

15
00:08:05.919 --> 00:08:35.839
>> next. Mr. This is June Clark. >> Hi, June. Very nice to meet you. >> Nice to meet you. >> She is the assistant city manager and also the director of public works. >> Okay. Well, nice to meet you, J. >> All the command staff's here.

16
00:08:35.839 --> 00:08:51.920
This is good to be meeting city hall uh this evening. June, I didn't catch her last name. >> Clark. >> June. Clark. Okay. >> June has been with the city for a really long time. >> Uh-huh. >> How many years? >> Almost 40.

17
00:08:51.920 --> 00:09:09.399
>> How many? >> Almost 40. >> 40. >> Yeah. Four. >> Wow. That's a That's a good try. >> That's a good run. Wow. So you got you know before you know it

18
00:09:11.279 --> 00:10:23.360
start what 18 17. >> Yeah. Wow. Take a shower. Patty, I think I overheard we're we're recording. >> Yes, sir. >> Very good. Thank you. All

19
00:10:32.800 --> 00:10:49.519
right. I'm calling to order a code enforcement hearing of the city of Cape Canaveral. Today's date is July 28th, 2026. My name is Richard Geller. I'm special magistrate appointed by the city council to hear code enforcement cases pursuant

20
00:10:49.519 --> 00:11:05.120
to article six of the city code and Florida statutes chapter 162. Uh this uh will be a quasi actually we have two items on the agenda this evening. Two quasi judicial evidentiary hearings. Uh the burden of proof is on the city to show by a prepoundonderance of the

21
00:11:05.120 --> 00:11:21.920
evidence that a code violation exists. In other words, I will determine based on the evidence presented to me this evening uh whether it is more likely than not that a violation has occurred. The alleged violator will have an opportunity to submit any rebuttal or exculpatory evidence, including

22
00:11:21.920 --> 00:11:38.240
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 council chambers

23
00:11:38.240 --> 00:11:53.600
to indicate and and indicate whether he or she would like to provide testimony for the city or the responding party. On request, an alleged violator may ask relevant and material questions of any city witness and the city may likewise

24
00:11:53.600 --> 00:12:09.760
ask relevant and material questions of any witnesses for the responding party. I may exclude evidence that I deem irrelevant, immaterial, or repetitious. In determining the amount of any fine, I will consider the gravity of the violation, any actions taken by the

25
00:12:09.760 --> 00:12:26.399
violator to correct the violation, and any previous violations that the violator may have committed. Under the city code and the Florida statutes, I may assess and order the payment of a fine of up to $250 per day for a first violation, up to $500 per day for a

26
00:12:26.399 --> 00:12:42.399
repeat violation, and in instances where the violation is irreparable or irreversible, which is rare, up to $5,000 for such violation. may also order uh the responding party uh to um

27
00:12:42.399 --> 00:12:58.800
uh pay the cost of any repairs made by the city. At the conclusion of the hearing, I will issue findings of fact and conclusions of law based on the evidence of record uh and in order and I will do so here uh on the bench and then I will follow it up in writing and I

28
00:12:58.800 --> 00:13:14.880
will uh try to do that by the end of this week if at all possible. Although I do have a very uh rather difficult schedule this week, so it may be the beginning of next week. Uh but I'll I'll we'll make the effort. Uh the city will uh record a certified copy of an order

29
00:13:14.880 --> 00:13:30.800
imposing a fine which will become a lean on the land against against the land where the violation occurs as well as upon any real or personal property owned by the violator. Uh any order that I issue may be appealed by any party, any grief party to the circuit court for

30
00:13:30.800 --> 00:13:47.360
Brev County, Florida within 30 days. It is the responsible, it is the responsibility, I should say, of the appealing party to obtain a record of these proceedings. An appeal is limited to the record presented uh before me and I will administratively

31
00:13:47.360 --> 00:14:03.040
uh accept in the evidence the city's agenda packet as the city's exhibit one and its PowerPoint slides as exhibit number two. Um I have signed and approved the minutes for January 27, 2026. Uh it's been a long time since we

32
00:14:03.040 --> 00:14:20.160
convene here which means you're you're doing a a good job uh Mr. Coats in getting people to comply with the code. That's how it should be and uh this should be the that should be the rule and the exception should be when when we have hearings before me. So I'm really pleased um about that. Uh the next

33
00:14:20.160 --> 00:14:38.639
meeting uh will be August 25th, 2026 and the first item on the actually what I'm going to do before um calling the first case u let me just swear Mr. coats and anyone else uh who and there's no one no one else from the public uh to uh

34
00:14:38.639 --> 00:14:55.120
swear you can testify. Do you swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth? >> I do. >> I do. >> Thank you very much. So, the first case we have is case number 2026-227. This uh alleges violations of the

35
00:14:55.120 --> 00:15:11.440
International Property Maintenance Code. various provisions of that including section 103.5 the owner's responsibility uh to comply section 9061 section 1081.1 pertaining to unsafe conditions uh 1

36
00:15:11.440 --> 00:15:26.560
108.1.5 regarding uh structures unsafe for occupancy section 102 means of egress and this uh pertains to I have the property here at 7603 poinsetta avenue units 1 and

37
00:15:26.560 --> 00:15:43.680
And the property owner is indicated here is an Alexander Gance Gen Z. And Mr. Kos, if you just introduce yourself for the record and I'll let you proceed. >> Yes, sir. I am Gerald Cos. I'm the code enforcement manager. >> Um, your honor, you've already expressed

38
00:15:43.680 --> 00:15:58.639
some of the codes violations, but I'm going to go ahead and I'm going to start from the uh beginning here and give a summary of the code violations as well as the property. It's uh 7603.7 Avenue. It's unit one and two. I think those units join together. I don't think

39
00:15:58.639 --> 00:16:17.680
it's separate. And uh legaliz by the sea. Partial ID is 24-37-23- CG-36-16. This is in low density commercial zoning and the owner is Alexander Gance.

40
00:16:17.680 --> 00:16:32.240
Violations are for unsafe conditions. Uh the city has adopted the international property maintenance code IPMC section 82-221 IPMC chapter 1 is scope and

41
00:16:32.240 --> 00:16:49.920
administration section 101 is general 101.3 intent minimum requirements to protect the public health safety and welfare 103.1 is the only responsibility to maintain the premises in compliance with

42
00:16:49.920 --> 00:17:05.679
this code and shall ensure that the property does not constitute a dangerous or unsafe condition. 108.1.5 structures unsafe for occupancy. IPMC code 702.4

43
00:17:05.679 --> 00:17:22.079
Emergency escape openings. The opening size complies with the code that was in effect at the time of construction. Uh notice of violation was issued 116 2026. Return receipt never delivered

44
00:17:22.079 --> 00:17:39.200
property posted on 510 512 2026 in accordance with Florida State Statute 162.12. Owners Alexander Gance. Notice of hearing was mailed 625

45
00:17:39.200 --> 00:17:56.000
2026 via certified mailing. It was returned property posted on 629 2026 in accordance with Florida State Statute 162.12. Alexander Gance, the owner. Here is an

46
00:17:56.000 --> 00:18:12.160
overhead view. Uh, this picture was an aerial view taken from the Bvard County Properties Appraisal website. This is the front side of the property. This the left side of the property. This the rear.

47
00:18:12.160 --> 00:18:29.440
That's the right side of the property. This case timeline fire and life safety violations. The inspector 113206 Jeff Roberts of the Cape Canaveral Fire Department conducted a fire and safety inspection of the vacation rental

48
00:18:29.440 --> 00:18:47.520
located at 7603 Poinsetta Avenue unit 1 and two. The inspection identified five fire and life safety violations requiring corrective action. Number one 12.105 emergency escapes the minimum opening

49
00:18:47.520 --> 00:19:03.039
dimensions. Number two 12.110 exit illumination continuous illumination requirements. Number three 51.111 emergency plan.

50
00:19:03.039 --> 00:19:17.600
Can I interrupt you one second Mr. Coats? So these numbers the 12.105 and 12110 etc. Is this from the fire code or what? >> Yes, sir. This is NFPA code. This is this is Mr. Roberts codes right here. >> Okay.

51
00:19:17.600 --> 00:19:35.280
>> That this all involves a safety issue. >> Does the >> So, that's where I come in. >> Sure. And and and so the the allegations in the notice of violation uh pertain to violations of the international property maintenance code. That is correct. Which is different from the fire code. Do has

52
00:19:35.280 --> 00:19:50.640
the city adopted the fire code into its code? Are these things that could be separately cited? >> It has the there there is there is a combination of codes and they all pretty much issue the same. It's just different >> a format. >> Okay. >> Yes sir.

53
00:19:50.640 --> 00:20:07.360
>> So so so the provisions are essentially identical or or substantially similar. >> Yes sir. >> And then and so we're translating these provisions of the fire code into what the comparable provisions in correct in the APMC are. >> That is correct. I got it. because this is his codes that he uses and we use the

54
00:20:07.360 --> 00:20:22.080
uh a different code, but they're all the same. They all intertwine and yes, sir, we have that in our codes. >> Right. I I just wonder and and and it's too late in this instance because you've already issued the notice of violation, but um maybe would make sense in in a

55
00:20:22.080 --> 00:20:38.960
case like this, similar to this, where the fire code is not being followed that someone be cited for violating the fire code as well. Um, >> I understand what you're getting at and I I do because that's why I base my codes with these codes. It's the same

56
00:20:38.960 --> 00:20:53.840
thing. >> Okay. So, all right. >> Uh, section 77.402 required information. All applicable state and local license must be posted at the property. Section 74404 emergency

57
00:20:53.840 --> 00:21:08.640
procedures. A fire safety pamphlet describing the evacuation of the dwelling. detector info and procedures for reporting a fire or other emergency shall be provided. And I I want to note also, M. Um, your honor, that the city

58
00:21:08.640 --> 00:21:24.080
has issued started doing inspections as well. We work together to do these inspections and it's it all involves life safety issues. >> Sure. So, so yourself or another code officer may assist the fire department

59
00:21:24.080 --> 00:21:39.120
in conducting these inspections. Do when you when you do the inspections, do you are you typically accompanied by someone with the fire department or how does that work? >> We can be. Okay. >> But not necessarily because they'll do one or will do one and and kind of connect. >> All right. But in this case, we you

60
00:21:39.120 --> 00:21:54.559
know, we had uh Inspector Roberts do it. >> Yes, sir. >> Okay. >> But I have been in contact with Mr. Gance and he informed me he could not be here tonight. Um I informed him also that I'll get into that later in my presentation. >> Thank you. These deficiencies constitute

61
00:21:54.559 --> 00:22:11.520
significant fire and life safety concerns affecting the health, safety, and welfare of transient occupants. As a result of the fire department's findings, code enforcement issued a notice of violation on January 14th, 2026 requiring all identified violations

62
00:22:11.520 --> 00:22:28.480
to be corrected. On 625 2026, a reinspected a reinspection conducted by Inspector Roberts found that the violations remain uncorrected. Due to the continued existence of these fire and life safety violations, code

63
00:22:28.480 --> 00:22:45.200
enforcement issued a notice of hearing by certified mail and posted the notice of hearing on June 29, 2026 because these violations constituted matters affecting the health, safety, and welfare of the occupants. On July 8th, 2026, code enforcement made contact

64
00:22:45.200 --> 00:23:02.559
with the property owner, Mr. Alexander Gance, by telephone. Mr. Gance advised that licensed electricians were actively working to obtain the required permits and complete the installation of the required exit lighting and emergency illumination. He also acknowledged the

65
00:23:02.559 --> 00:23:19.679
remaining fire and life safety deficiencies and advised that although he could not guarantee the work would be completed before this hearing, efforts were actively underway to bring the property into compliance. On 7:23 2026,

66
00:23:19.679 --> 00:23:35.520
Mr. Gance contacted me via email and advised that he is making a good faith effort to bring the property into compliance. He stated that he has retained Beach Electric to complete the required electrical work necessary to correct the outstanding violations.

67
00:23:35.520 --> 00:23:49.360
Mr. Gance further advised that he will notify me once the work has been completed. Although meaningful progress is being made toward compliance, Mr. Gant acknowledged that the required work would not be completed prior to this hearing.

68
00:23:49.360 --> 00:24:06.480
On 7:28 2026 this morning, Mr. Gance contacted me to advise that he would be unable to attend today's hearing. During our conversation, he stated that he anticipates to bring the property into full compliance within the next two weeks. Based on our discussion and the

69
00:24:06.480 --> 00:24:23.679
progress reported, Mr. Gant appears to be making a good faith effort to correct the violations and achieve compliance. >> Okay. >> Uh there's no one here to represent this property, Mr. uh your honor. >> All right. Staff recommendation.

70
00:24:23.679 --> 00:24:40.559
Based on the testimony and evidence submitted at this hearing, staff request that the magistrate find the respondents the respondent in violation of cited provisions of the international property maintenance code and the applicable fire prevention code. Due to the nature of

71
00:24:40.559 --> 00:24:57.440
the violations which directly affect the health, safety, and welfare of transient occupants, staff further request that the special magistrate order the violations to be corrected by August 14th, 2026. Okay.

72
00:24:57.440 --> 00:25:16.320
All right. All right. Well, I this is an easy one when when the other side does not show up because the evidence only goes one way. And it's clear to me that the respondent, Mr. Gance, owns the property, that uh Inspector Roberts, conducted at least two inspections and

73
00:25:16.320 --> 00:25:33.360
found multiple violations of the fire code, which the city has translated into uh the the um uh mere provisions that are in the International Property Maintenance Code, which which I call the IPMC. So if you hear me use that that abbreviation, that's what it means. And

74
00:25:33.360 --> 00:25:49.120
I find that uh the city complied with all the notice requirements, service of notice uh under section 2-253 of the city code and also Florida statutes uh 162.06 and.12. Uh in addition to the I

75
00:25:49.120 --> 00:26:05.679
appreciated the extra effort that that you made, M uh uh Mr. Coats to uh um Officer Coats to uh contact Mr. Gance by phone. Um, and I acknowledge the the uh the statements that he's made. He's not here to make them, but but I could accept his statements made through you

76
00:26:05.679 --> 00:26:21.600
that he's he has hired Beach Electric, that he's making uh meaningful progress. Uh but but progress has not been completed yet. So the violations um from all I can gather from the evidence presented to me is is that these violations still exist. So, I'm going to

77
00:26:21.600 --> 00:26:37.919
find that um that the uh international property maintenance code has been adopted into the city code at section 82-221 and that uh the IPMC at uh 101.3 um establishes uh minimum requirements

78
00:26:37.919 --> 00:26:54.640
to protect public health, safety and welfare. I do find that the conditions at the subject property are a threat to public health, safety and welfare and that as as it stands currently the subject property is unsafe for occupancy and that needs to get rectified um soon.

79
00:26:54.640 --> 00:27:10.640
All right. Um IPMC uh section 103.5 uh requires the owner to maintain the premises in compliance with the code and ensure that the property does not constitute a dangerous or unsafe condition. uh IPMC 906.1

80
00:27:10.640 --> 00:27:26.720
uh requires uh that uh the installation of of approved uh portable fire in um u fire extinguishers that they be maintained in accordance with the code and also the international fire code. Um so there's a violation there violation

81
00:27:26.720 --> 00:27:43.279
of 108.1.1 uh unsafe conditions uh that these are conditions that constitute a fire hazard otherwise are dangerous to human life. they're unsafe. The inability to see um an exit uh at night. Uh you need to have

82
00:27:43.279 --> 00:27:58.640
emergency illumination. If if uh emergency knocks out the main power, you you need to have these emergency lighting, especially for for a um a vacation rental property such as this. Um see a vi see a vi final violation of

83
00:27:58.640 --> 00:28:14.799
108.1.5. um structures unsafe for occupancy when it lacks minimum safeguards necessary to protect the occupants and then the um also violation of 702.4 uh which pertains to the means of egress

84
00:28:14.799 --> 00:28:31.120
emergency escape that these must be maintained in a safe unobstructed and operable condition. the lack of illumination um uh transgresses that last provision that it that the condition must be operable.

85
00:28:31.120 --> 00:28:48.960
Um, so I'm going to uh agree that the respondent has until August 14, 2026 in which to correct all the foregoing violations that the respondant must provide a certified fire extinguisher

86
00:28:48.960 --> 00:29:04.640
meeting uh the the all the uh usual standards under the um under the NFPA. uh that all necessary permits must be obtained and uh battery powered emergency lighting must be uh obtained

87
00:29:04.640 --> 00:29:22.480
to illuminate the primary exit. Um, and it was interesting uh what was stated in the uh notice of violation that it you don't need an exit sign, but you must illuminate the primary exit. That a floor diagram must be uh posted uh

88
00:29:22.480 --> 00:29:39.360
reflecting the the floor plan of the of the house, the primary exit location and room identification. This must be posted in a conspicuous location. Uh the uh all licenses uh must be posted of the subject property

89
00:29:39.360 --> 00:29:56.240
uh including its license to be used as a as occupancy for transients. Uh providing uh there must be a fire safety pamphlet uh that describes the evacuation of the dwelling and uh procedures reporting a fire or other emergency to emergency responders. Uh

90
00:29:56.240 --> 00:30:11.679
that also needs to be added here. um uh like any other uh property where uh people where there are short-term rentals or transient rentals, uh the respondent uh will be responsible for providing notice to the city code

91
00:30:11.679 --> 00:30:28.640
enforcement division that um uh he's come into compliance with this order. If uh the respondent fails to correct the violations by August 14th, uh I would ask uh officer Coats to schedule a compliance hearing before me,

92
00:30:28.640 --> 00:30:44.159
in which case I will assess fines. Uh and then the city, if this happens, the city should uh notify the respondent of the of the compliance hearing in accordance with law. And at that hearing, uh Mr. Gance will have an opportunity to appear again and present

93
00:30:44.159 --> 00:31:01.120
testimony and evidence as to whether the subject property remains uh in compliance or in violation. Uh the um and then as special magistrate, I'll make a final determination on on fines. Um fines, as I stated earlier, uh can be

94
00:31:01.120 --> 00:31:16.480
assessed up to $250 per day per violation. And there are multiple violations here. Uh, and I would u have fines running after the compliance deadline if if if these things are not corrected. And because this is not homestead, I would uh give some caution

95
00:31:16.480 --> 00:31:33.840
to Mr. Gance that um non-homestead real property is subject to foreclosure under Florida statutes chapter 162.09 09 and that the city may obtain an award of its costs, including reasonable attorneys fees uh in a court of law and that any fines that I may impose

96
00:31:33.840 --> 00:31:48.000
will become a lean in favor of the city on the subject property and upon any other real personal property of Mr. Gance. Uh so um if he's watching this, I would encourage him uh very strongly to come into timely compliance. Uh the next

97
00:31:48.000 --> 00:32:03.840
case I have is uh number 2026-228. Uh this um there appears to be some commonality in ownership. This pertains to 500 to 502 Filillmore Avenue. The owners I have here are Jonathan Russell

98
00:32:03.840 --> 00:32:20.080
Cooper and Alexander Gance. Again, Mr. Gance. Um I did see some different spellings of Jonathan in in ter in terms of Mr. Russell. Do you know >> it might have been an error? >> Yeah. Do you know if it should be the uh

99
00:32:20.080 --> 00:32:37.039
like John with a J HN or is that H not supposed to be there? And maybe we need to check the property appraiser um to uh verify the >> should be J O with that H. >> There is an H in there. >> Yeah, >> that's the correct one. Okay, that's fine. Uh but anyway, uh there are again

100
00:32:37.039 --> 00:32:53.039
these are many of the same uh violations that were uh alleged on the other property where we have them here. Again, I don't think I need to state them again. U, but I'll let you uh take the honors of doing that this time. >> Thank you. Yes, you're going to see a

101
00:32:53.039 --> 00:33:09.200
lot of similarities between the two cases. >> And if you could introduce yourself for the record. >> Yes. My name is William Wheeler. I'm part of the code enforcement team with the city of >> What's your first name again? >> William Wheeler. >> William. Okay. Thank Thank you, Mr. Wheeler. Officer Wheeler. >> Okay. >> And I'm part of the code enforcement team with the city of Cape Canaveral.

102
00:33:09.200 --> 00:33:22.799
Like I said, you're going to see a couple a lot of similarities. Uh same property owner with the addition of Jonathan that we just previously stated. Um, so this is going to be a different address. It's going to be 500 to502 Filillmore Avenue within Cape Canaveral.

103
00:33:22.799 --> 00:33:40.080
Uh, the partial ID is listed as 243723 CG55-6. Um, once again, it's going to be violations for unsafe conditions. Uh, the section 82-221 is uh the international property code

104
00:33:40.080 --> 00:33:58.080
with city adapted. Um, we're listing the IPMC chapter 1 scope of administration section 101 is general. IPMC 101-13 the intent minimum requirements protect the public the the health, safety and welfare. IPMC 103.105

105
00:33:58.080 --> 00:34:14.000
is the owner's responsibility maintain the premises in compliance with this code and shall ensure the property does not constitute a dangerous or unsafe condition. >> I think a 103.5 I think you said 103. >> Yeah, 103.5. >> Thank you. Uh the IPMC 9006.1

106
00:34:14.000 --> 00:34:29.760
general approved fire extinguisher shall be installed and maintained. The IPMC 108.1.1 unsafe conditions. IPMC 108.1.5 structures unsafe for occupancy and the

107
00:34:29.760 --> 00:34:45.440
IPMC 702.4 the means of aggress. >> Yeah, I thought I saw another um also >> you probably did with you're probably talking about the the numeric. Well, I'm talking about section 94-77 emergency response system was also listed in in

108
00:34:45.440 --> 00:35:02.560
the notice of violation >> that that might have been with the the uh the numbers on the the residence. He came in compliance with those. >> Okay. So, I can I can correct strike that one. Okay. >> The notice of violations on 115 uh 26, no violation was certified the uh the

109
00:35:02.560 --> 00:35:20.160
United States Postal Services uh 126 26 it was received. was confirmed received on 62626 >> and and and officer Williams are you the one who who did the service? >> I am not the one who issued the notice of >> Mr. Coat that. Yeah.

110
00:35:20.160 --> 00:35:35.440
>> Okay. I'll I'll let the record reflect Mr. Coats took care of the service there. >> Correct. >> Okay. >> Um on the first part, uh Mr. Coats did the notice of hearing. I'm the one that actually issued the notice of hearing. Okay. On 62626, uh I mailed it out uh certified uh via

111
00:35:35.440 --> 00:35:51.440
the post office. Um on 78 the uh the property was posted in accordance with Florida State statute 162.12. >> Okay. >> That's just >> Oh, I'm sorry. What did the date of the posting again was? >> Sure. Go back to just say the posting

112
00:35:51.440 --> 00:36:07.040
was um 7826. >> 78. Okay. >> Correct. >> Very good. All right. That's just a picture of the property and uh I I I took I like to take the live pictures of

113
00:36:07.040 --> 00:36:23.599
the the residence and where I posted the property. Um and like I said, just as Mr. Coats on his head had on his case, it's it's a a multi-unit as well, obviously. >> So, just go back to that picture for for a moment if you would. Those are garages in the middle garage doors, I assume. >> Appear to be some sort of bay. Yeah. >> And then and then the primary entrance

114
00:36:23.599 --> 00:36:41.040
would be where the numbers 500 and 5002 are. >> Yeah. And that those that's where they came into compliance where they put the numbers on the on the building. Okay. Like where like where do you enter? Like I don't see a front door. >> Um you see where the the bed of the truck is? >> I do. >> There's a door on the side right there.

115
00:36:41.040 --> 00:36:57.680
And I believe >> around the side of the house. >> Correct. >> Okay. Or the or the townhouse or what we're call duplex. >> Okay. >> However you want to classify it. >> All right. The timeline fire and life and safety violations. Once again, uh, Inspector

116
00:36:57.680 --> 00:37:13.359
Jeff Roberts of the Canaveral Fire Department conducted a fire and safety inspection of the rental property at 5502 Filillmore Avenue. The inspection identified fire and life safety violations required. >> Do you know the I'm sorry. Do you know the date of that inspection? >> Um, >> but also been probably notice violation

117
00:37:13.359 --> 00:37:30.440
was issued. >> The one the last case was on January 13, 2026. Do we know if it was around that around that time? >> It was. I believe it was the 13th as well. >> Okay. Yep. >> All right, >> let me go back there real quick.

118
00:37:31.520 --> 00:37:48.400
Um, the inspection identified fire and life safety violations requiring corrective action 24.113 portable fire extinguishers certified fire extinguisher meeting NFPA number 10 2A 10BC size and those are

119
00:37:48.400 --> 00:38:04.640
just the type of the fire extinguishers uh shall be provided on each story. 27.105 105. Fire protection equipment approved. Multi-station smoke detectors must be provided outside of the sleeping room and within each sleeping room must be hardwired and backed up by a battery

120
00:38:04.640 --> 00:38:21.040
power. 32.113 Exit illumination UL listed battery power emergency lighting. 51.111 An emergency plan a floor diagram reflecting the floor arrangement. These deficiencies constitute fire and life

121
00:38:21.040 --> 00:38:37.839
safety concerns affecting the health, safety, and welfare for the occupants. And as a result, the fire department's findings, uh, code enforcement issued the notice of violation on the 15th of January 26, requiring all, um, identified violations be corrected.

122
00:38:37.839 --> 00:38:55.200
On 52526, a reinspection conducted by Inspector Roberts found that the violations remain uncorrected. Due to the continued existence of these fire and life safety violations, code enforcement issued a notice of hearing by certified mail and posted the property on June 26 because the violation constituted matters affecting

123
00:38:55.200 --> 00:39:10.800
the health, safety, and welfare of the occupants. Uh once again, on June 8th, code enforcement did make contact just as Mr. Code stated with the property owner, Mr. Aligans by telephone. Mr. Gance advised the licensed electricians were actively working to obtain the required permits on this property as

124
00:39:10.800 --> 00:39:27.440
well. So this this is this this is the the same conversation we had exact same as our last property >> 100%. So um you know just to to summarize it was it was all one conversation regarding both properties. >> All right and um again we don't have

125
00:39:27.440 --> 00:39:44.640
anyone from the uh from from Mr. Gance is not here nor is the other owner here u Mr. Russell. >> Uh so I I just have I just have the city's evidence before me. Uh what is your recommendation that August 14 again >> based on everything the same summarize

126
00:39:44.640 --> 00:40:01.280
that Mr. Coat summarized we would like uh the corrected actions be done by like you said the 14th of August 26. >> Okay. And and let me just so I'm I'm getting the are are all the same violations necess So you know we need the fire

127
00:40:01.280 --> 00:40:16.000
extinguisher, we need the the the permits, the emergency lighting, the floor diagram, the posting, the licenses, and the uh the fire safety pamphlet. Is that that all is required on this property as well? >> That is correct. >> All right. Well, that that this makes my

128
00:40:16.000 --> 00:40:32.720
life uh easy tonight. So, I'll go ahead and and rule right now that I find that uh the respondents, Mr. Gance and Jonathan Cooper Russell and Jonathan J O N A T Han, uh they're the they're the owners of the subject property that um

129
00:40:32.720 --> 00:40:48.560
that Inspector Jeff Roberts of the Cape Canaveral Fire Department inspected the property on uh November 13, 2026. He 2026. He reinspected the property on May 25th, 2026. found the violations that are uh going to be set forth in my

130
00:40:48.560 --> 00:41:05.440
order. I find that the city complied with uh section 2-253 of the city code and Florida statute section 162.06 and.12 with respect to all notices that have been uh given to the respondents in this

131
00:41:05.440 --> 00:41:21.839
case. I'm going to find that uh there are uh well first I'm going to I'm going to state as a matter of fact that the conditions of the subject property are a threat to public health, safety and welfare. The subject property is unsafe

132
00:41:21.839 --> 00:41:38.000
for occupancy until these uh conditions are rectified. I'm finding that uh there are uh violations of the international property maintenance code which has been adopted into the Cape Canaveral city code at section 82-221

133
00:41:38.000 --> 00:41:54.560
that uh the uh section 101.3 indicates that the uh purpose of the international main property maintenance code is to establish minimum requirements to protect public health, safety and welfare and section 103.5 that the owner must maintain the

134
00:41:54.560 --> 00:42:10.640
premises in compliance with the code and ensure that the property does not constitute a dangerous or unsafe condition. Uh I find a violation of 906.1 which requires that properties such as this have approved fire I'm sorry approved portable fire

135
00:42:10.640 --> 00:42:27.200
extinguishers that are installed and maintained in accordance with um all the safety standards in the code. I find a violation of 108.1.1 that there are unsafe conditions constituting a fire hazard or otherwise dangerous to human life. I find that the

136
00:42:27.200 --> 00:42:42.800
structure itself is unsafe occupancy in violation of 108.1.5 of the IPMC because it lacks minimum safeguards necessary to protect its occupants. Uh that I see a violation of of IPMC

137
00:42:42.800 --> 00:43:03.680
702.4 Four, that all means of egress shall be maintained in a safe, unobstructed, and operable condition. Operable in this instance, referring to the lack of illumination, emergency illumination in the case of a of a fire. So, I'm going to order that as of August

138
00:43:03.680 --> 00:43:20.400
14, 2026 that Mr. Gance and Mr. Russell as the owners of this property that they provide a certified fire extinguisher meeting the standards of NFPA. Uh that uh they obtain all necessary

139
00:43:20.400 --> 00:43:36.720
permits and install a UL listed battery powered emergency lighting required to eliminate the primary exit. uh that they post in a conspicuous location. The floor diagram of um the actual floor arrangement of this

140
00:43:36.720 --> 00:43:53.680
property and which should include the shall include the primary exit location. that the um they shall post in subject property all applicable state and local licenses and they shall provide the occupants with a fire safety pamphlet describing the evacuation of the

141
00:43:53.680 --> 00:44:10.079
dwelling detector information, smoke detector information that is and also uh procedures for reporting a fire uh to emergency responders. Uh the respondents Mr. Russell and Mr. Gance um have the responsibility of

142
00:44:10.079 --> 00:44:25.680
providing notice uh to the uh city's code enforcement division that they have come into compliance uh with this order and if they fail to do so within the time period that I have ordered which is August 14 that um I would ask Mr. Wheeler, Officer Wheeler, here to

143
00:44:25.680 --> 00:44:42.000
schedule a compliance hearing before me uh for the assessment of fines and to duly notify the respondents uh of such compliance hearing uh and that they will have an opportunity to appear and present testimony um as will as will the

144
00:44:42.000 --> 00:44:57.680
city as to whether the violations are continuing uh at the subject property. And I at that hearing, I will make a final determination whether compliance has been achieved. And if not, I will assess a fine of up to $250 per day per violation. And there are a handful of

145
00:44:57.680 --> 00:45:13.839
violations here. So the daily fines could get uh quite substantial. Um and um I always uh start the acrual of such fines as of the compliance deadline, which again is August 14, 2026. Any

146
00:45:13.839 --> 00:45:30.800
fines that I may impose shall become a lean in favor of the city on the subject property and also on any other real or personal property of Mr. Russell and Mr. Gans uh pursuant to the Florida statutes and our city code. And again, this is non-homestead property. It is subject to

147
00:45:30.800 --> 00:45:46.400
foreclosure uh under section 10 uh 162.09 09 Florida statutes and the city may obtain an award of its costs including attorney's fees uh in a foreclosure proceeding. So I my hope is that um we don't get there

148
00:45:46.400 --> 00:46:02.960
and that uh Beach Electric takes care of these items, assist the respondents in in rectifying these violations. It is again a threat to public safety. We we cannot have fire violations, fire code violations and and IPMC violations like

149
00:46:02.960 --> 00:46:20.319
this uh in our city. So, um I hope they're they're um uh either watching this or they will um continue to uh make sure that they achieve uh compliance and um and if not, I'll I'll deal with it accordingly. So, um I appreciate Is

150
00:46:20.319 --> 00:46:48.079
there any other business that we have this evening? >> I think that takes care of it, sir. >> All right. Well, thank you everyone and uh we'll see you uh in August. >> Yes. Thank you, Mr. Okay. Thank you. >> No, thank you.

151
00:46:48.079 --> 00:47:05.760
>> We didn't mean to take you away from Kar Street. >> She told me it was going to be like 3 hours. >> Well, it it can be, but if they don't show, >> you don't go. >> Easy for you guys. >> I mean, if we want to stick around, we can stick around for 3 hours. No, it's okay. I want to go back. >> I like my talk a little.

152
00:47:05.760 --> 00:47:20.240
>> I'm not techsavvy, though, and I can't figure out how to get out of this. >> Oh, >> will you >> just Oh, yeah. Just shut the power down. >> They had to give me like stepby-step instructions on my laptop. I'm like, I know I'm 30, but like I should know how

153
00:47:20.240 --> 00:47:37.440
to do this. I don't. I have to ask my Of course. Thank you. >> Thanks, Mr. >> I have to ask my dad how to use my iPhone. I'm like, I don't know what I'm doing. >> I wanted to ask I am. >> Were you on the early Saturday morning when that car hit public?

154
00:47:37.440 --> 00:47:53.119
>> That was the That's Charlie night shift where Delta >> I was trying I'm trying to find there was nothing in the newspaper or on the news. I was trying to find out if the people were okay. >> I don't know. >> Um from what I heard the guy lived. So >> Oh, really?

155
00:47:53.119 --> 00:48:09.599
>> Yeah. So typically um >> bad. So, with certain like bad accidents, we have like a 30-day mark. So, we'll hear within 30 days because we'll have to do a follow-up >> case report, but if they pass after the 30-day mark, we have no idea. So, >> I see. Yeah.

156
00:48:09.599 --> 00:48:26.280
>> But as far as I know, the he or she >> is still alive. >> Well, it looked horrible. >> Yeah. >> All right. Thank you. >> Have a good night. Of course. Thank you. And thank you for coming. Oh, of course. >> I want to make sure

157
00:48:35.839 --> 00:48:39.160
Okay, thanks.