she was saying she didn't have the power point but I'm pretty sure she has it now she gave me a thumbs up okay thumbs up then I will call to order a code enforcement hearing of the City of Cape Canaveral today's date is February 27th 2024 my name is Richard Geller I'm special magistrate appointed by the city council to hear Code Enforcement cases pursuant to article six of the city code in Florida Statutes chapter 162 uh this is a quasi judicial evidentiary hearing the burden of proof is on the city to show by a preponderance of the evidence that a code violation exists 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 has occurred the alleged violator will have an opportunity to submit any re bule or exculpatory evidence including testimony or documents 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 uh anyone who would like to testify should sign we have a signin sheet there where I'm indicating and upon request an alleged violator may ask relevant and material questions of any City witness and the City May may ask relevant and material questions of any witness for a responding party I may exclude evidence that I deem irrelevant material or unduly repetitious uh 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 and any previous history of violations uh committed by The Violator under the city code and the for statutes I may assess and order the payment of a fin of up to $250 per day for first violation and up to $500 per day for a repeat violation and um in the case of a violation that is deemed irreparable or irreversible a fine of up to $5,000 per day as well as 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 before me and an order uh which I will issue both here on the bench and in writing which I will endeavor to do uh try to get it in the next 48 hours excuse me the city will record a certified copy of an order imposing a fine which will become a lean against the land where the violation occurs as well as on any other real or personal property owned by the violator uh any order I may issue may be appealed by any party to the Circuit Court for Bard County Florida within 30 days it is the responsibility of the party appealing to obtain a record of these proceedings and appeals limited to the record presented before me uh the city's agenda packet will be administratively accepted into evidence as City's exhibit one and its PowerPoint slides as exhibit two um pardon me again um I have approved the minutes from the January 23rd 2024 code hearings and I've provideed signed and provided them to miss Roth our secretary the next hearing date uh looks like is in April instead of March so it's April 23rd 2024 and at uh this point I would ask anyone who may or intends to offer off for Testimony to please stand and be sworn in do you swear that the testimony you're about to give shall be the truth the whole truth and nothing but the truth so help you got yes sir thank you well the first the first case here is uh uh case number 2022 d270 uh and the address is indicated as 8764 Coco court and uh Joanne and Kevin Christensen are indicated as the property owners and take going to table it all right all right in that case um I I I am not going to issue any order on that whatsoever we'll just consider it table all right let's move on then to case number 2023-2024 is indicated as 6115 North Atlantic Avenue and the uh respondents are DMB land Holdings LLC and John J I hope I'm pronouncing this right cbard Jr and you may uh proceed and if you could introduce yourself for the record I'm officer Chris Robinson City Cod enforcement this is reference 6115 atantic Avenue and it's for work without a permit okay uh notice violation wasent out 11224 sent to DB land Holdings care of John Ward was received back at 11624 notice hearing was sent out 25224 certified letter to be DMD land holding John W and reive return receip at 22724 okay 6223 dur City staff Ober piles of dirt dumped on the front of the property appear to be new wood and enclosed Garage in this address further inspection revealed the car had been enclosed and walls with headers were installed along with Newar doors above the garage is a rental unit with the access to the flat roof there are no railings I also observe new stairs in the rear going up to the deck that had new Stringer supports installed I saw new exterior doors had been installed all of this is done without obtaining can I ask you um if you could educate me what is a Stringer uh the horal I see uh I made contact with the property owner explain the permit requirements what he has done he said he would apply for permits 7523 a permit for the garage doors has been submitted but nothing for the garage deck stairs railings or the pil of 929 23 there there has permits and the other items discussed with the owner courtesy letter was sent to the owner 10 2323 I met with the property owner and went over the items that need to need a permit as well needs to be done about the dirt piles the owner stated the dirt piles will be removed and will obtain permits the stairs beams which stringers banisters and the garage enclosure 12723 a business tax receipt was obtained for the rental unit 11224 there has been no per the garage door permit remains open until 7324 and has no inspections a notice of violation has been sent to the property 12424 a site inspection revealed new railings have been installed on the roof above the garage without a permit I received the USBs track and C back and the notice of violation was signed for on January 16 2024 2524 there has been no permit applied for so notice of hearing was sent to the 2824 site visit revealed the Pils of dirt have been removed as of yesterday the permit for the garage door is still open with an expiration 73024 but has had no inspections and no permits of obtained for the garage enclosure the deck new exterior doors and news this is the property in question right off North Atlantic Avenue it's on the uh West Side North Atlantic these are the piles of dirt that initially Drew my attention to the property here's the new garage doors and the newly enclosed garage was originally just a carport closer view you can see above it there's no railings on that upper deck that staircase goes up and immediately to the right there's a door there's an apartment unit there and they have access to that are they have tables and chairs up there and everything so it has to have railings no railings there here's the rear it's a brand new door installed the rear building another rear door and then that upstairs French door is brand new here's the support beam and the stringers going across you can tell the difference between the new wood in the old wood and here's the new staircase now here's a photo that went back out and the new railings have been installed and the piles of dirt have been removed so that's no longer an issue Mr is here to all right so just I'm clear on a couple things the the railings were installed without a permit correct okay and the only permit that the city has received was for the garage doors two white doors how however um I it looks like the work is if if not substantially done it's it's uh well on its way to being completed but but there's been no request for a final inspection on that that's correct no final inspection on the two doors that were installed and there been no permit for structure that enclosed it in the first place okay the doors the stairs the strainers and the banisters so what what what is a city we want to happen at this point he needs to obtain the permits and have final inspections so uh we the the dirt is not an issue and the business tax receipt is not an issue anymore correct and then would the city um want if I were to find a violation had occurred in the past would you want that reflected in the uh in the order or just just drop those two uh I mean we would give due process opportunity to fix it we usually well I'm talking about the two items that haven't been fixed the business tax receipt and the just totally dropped okay that's what I'm trying to clear clarify cleared up before okay so that that I'm not even going to address that then I'll consider that done okay I got it all right all right um if you're done Mr card and and and did I pronounce your name correctly thank you all right thank you sir and just um if you just introduce yourself for the record your name and your address my name is David at 43 and by owner you're the I assume the the manager the or the member of the LLC yeah I am the LC okay all right and what would you like me to consider I'm guilty of everything to okay I I I appreciate frankness and forthrightness issue is get those railings and for that's a that's conceded by the city did you have you have a a a contractor um install those garage doors that and and so um wouldn't it wouldn't you expect the the contractor to call for inspection yes okay and have you have you spoken to the contractor about requesting okay okay okay um and then on the the other items um I again I I I assume you had a so I'm sorry who who is the general contractor okay okay dra put well but if if you're if you're renting out the property you might need drawings could the could the city uh speak to that he won't be able to visit commercial property period the fact that he is running it out also he can't either so there's two reasons there's two things that are stoping right GC yeah do you have any suggestions uh as far as got yeah I would I would um make a suggestion to try to find someone other than than Eddie the the guy who's who's non-responsive um are there are there lists of of engineers in in this uh area that call our office tomorrow and get in touch with our our building official and our permanent technician see if they can assist him and tracking some other people down okay well unfortunately that that's what the code requires right yeah unfortunately the the code is the code and it it's going to it's going to require these uh these drawings um well but not yet inspected right okay we need to um get the rest of it permitted obviously I mean you you know being a working with a GC that that um you how important of Public Safety it is to have permits pulled and inspections conducted um it's just a a matter of safeguarding public without a permit he need have okay all right okay okay all right and um were able to provide Mr keaboard with a a phone number or name someone to call tomorrow that'd be all right that'd be great Mr card anything else you want me to consider okay all right um so going back to officer Robinson um what do do you have a recommendation for me as far as I mean I mean obviously he needs to get the permits he's had some difficulty with these drawings um with some guys calling trying to find somebody days and see where we're at all right um Okay g given that um we don't have a I'm not sitting up here again until until April 23rd um we're not having anything next month right so it'll be April before we so technically he's going to have almost 60 days right right um why why don't we um split the difference in let's say 45 days okay you know so 45 days um from today if we can figure that out yeah that's right that's why I want to count the days here right that takes us to Friday Feb Friday April 12th so um that'll be um 45 days to apply for the remaining permits and then and then arrang for a final inspection of the garage within that time yes and then to um okay has the permit for the garage doors I thought I read something that it expired is that is it still a pending permit not exped not didn't have originally okay they only expired until 7:30 24 okay so it'll be arranged for final inspection of the U garage doors within the 45 days and then and then and then apply for and obtain permits for construction of the the garage door framing headers new deck beams or the stringers as as we're calling them stairs the second rail second floor railings and the new doors which were the the French doors the French doors and there was um two rear doors okay there's a new rear entry door downstairs I have the new French do upstairs two downstairs two downstairs okay okay the French doors upstairs two rear entry doors downstairs the staircase the uh the deck um structure including the stringers um the railings and en and the gar yeah the garage enclosure got it all right okay then I'm I think I am prepared to issue an order here and so um I find that the city's not service of the notice of violation the notice of hearing complied with the city code and the Florida Statutes I find there was a um a violation of um section 8231 which incorporates the Florida building code which incorporating uh section 105.1 of the Florida building code requiring permits section 45 days from today that is by uh Friday April 12th in which to apply for and obtain permits for the construction of the garage door Framing and headers new deck beams stringers stairs the second floor railings the the new doors both upstairs and downstairs that I mentioned the staircase the staircase as well and also within the 45 days to arrange for a final inspection of the garage doors um and then if if there's if you don't have if we don't have compliance within 45 days um will be um by the next meeting which is really as you say 60 days off um you should uh inform um inform me we'll schedule a compliance hearing and um we'll we'll look at imposing fines but no fines will be issued uh this evening and uh we um and as I said earlier um that any fines that that could be issued uh could become a lean in favor of the city which I'm sure you want to avoid and um and also uh the fact that non-homestead real property is subject to forclosure which is something else to to avoid and I'll set all that forth in a in a written uh order uh for uh for you and get that off try tomorrow and if not tomorrow that the following day is there anything else this evening no sir okay then we'll we'll call the meeting adjourn thank you very much okay sure