Cape Canaveral Special Magistrate Tackles Property Violations and Unpermitted Fence Installation
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Meeting Type:
Special Magistrate
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Meeting Date:
10/22/2024
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Recording Published:
10/23/2024
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Duration:
40 Minutes
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State:
Florida
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County:
Brevard County
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Towns:
Cape Canaveral
- Meeting Overview:
The Cape Canaveral Special Magistrate meeting on October 22, 2024, was marked by the examination of multiple code enforcement cases, with attention given to property maintenance violations and an unpermitted fence installation. The magistrate emphasized the importance of compliance with city codes to avoid substantial fines and further enforcement actions.
One of the primary cases involved Susan Hian on Harbor Drive, where persistent property maintenance issues were under scrutiny. Inspections dating back to April and May 2024 revealed overgrown grass and debris, along with a notably inoperable garage door. Despite Hian’s communication about her health challenges, which impeded her ability to address these violations, progress was noted in the maintenance of the grass, as a yard crew had been hired for its upkeep. However, the garage door remained an issue, described as “lopsided” and partially open. The magistrate focused on this aspect, granting Hian until November 22, 2024, to repair or replace the garage door, stipulating that all necessary permits must be obtained. The magistrate cited section 34-94 of the city code, which requires that all parts of a dwelling be maintained in good repair, and emphasized the potential safety hazard posed by the inoperable door, especially in the event of a fire.
Another notable case involved Diane Bateson on SE Shell Lane, centered around the installation of a fence without the necessary permit. The magistrate reviewed the timeline of events, highlighting that a notice of violation had been issued and that Bateson had submitted an incomplete variance application. Despite Bateson’s claim of ignorance regarding the requirement for a permit, the magistrate found this assertion lacking credibility, especially since city officials documented discussions indicating her awareness of the permit requirement. Bateson was given options to either remove the fence, adjust it to comply with height restrictions, or pursue a variance. A deadline of November 22, 2024, was set for her to comply with these directives or submit a complete variance application with all requisite fees. The magistrate underscored the potential financial consequences of non-compliance, with fines potentially accruing at a rate of up to $250 per day.
Additionally, the meeting addressed a case involving Daniel McNally, the owner of a property on Coral Drive, where overgrown grass and weeds were identified as code violations. Following multiple site visits and the issuance of a notice of violation, the property was still found to be in a state of non-compliance. The magistrate classified the overgrown vegetation as a public nuisance and mandated that the property be brought into compliance by November 22, 2024, with fines of up to $250 per day for continued violations.
The presentation of visual evidence and repeated inspections underscored the seriousness of the violations and the need for property owners to rectify issues promptly to avoid escalating penalties.
Wes Morrison
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Meeting Date:
10/22/2024
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Recording Published:
10/23/2024
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Duration:
40 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Cape Canaveral
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