Cape Canaveral Special Magistrate Cracks Down on Code Violations
- Meeting Overview:
In a recent assembly, the Cape Canaveral Special Magistrate addressed code enforcement issues concerning properties on Cape Shore Circle and Jackson Avenue. Notably, the Magistrate issued orders on both cases, setting deadlines for compliance and imposing fines for violations.
The meeting commenced with a case involving unauthorized patio installation on Cape Shore Circle. The code enforcement officer presented evidence that the patio was built without the necessary permit. The Magistrate ruled a violation of the Florida building code and set a compliance date for the property owner. By May 18, 2024, the owner is required to apply for and secure the building permit and schedule a final inspection of the brick pavers. Failure to comply could result in a daily fine of $250 per violation and a lien against the property.
Attention then shifted to a more complex situation on Jackson Avenue, previously damaged by fire and under scrutiny for various code violations. It was reported that while some corrective actions had been taken, such as enclosing a staircase with a wall, essential repairs to a fire-damaged room and the roof had not commenced. Moreover, no permits had been applied for to address these issues.
A potential sale was in discussion, with a closing date anticipated in June. The prospective buyers’ intentions for the property were varied; one aimed to refurbish and retain the current tenants, while the other buyer’s plans were ambiguous.
City staff requested the Magistrate to find the respondents in violation of the orders and to initiate fines from March 8, 2024, until the code officer confirms compliance. The recommended fine structure was $200 for the initial day, followed by $150 for each subsequent day of non-compliance. During the deliberations, the Magistrate raised the prospect of the new owner seeking leniency on the imposed fines should the sale proceed and the property is brought into compliance.
The case of 120 Jackson Avenue culminated with the Magistrate determining the property still violated several city codes, including unaddressed fire damage and issues with the garage door and guard rails. An order was issued imposing fines and warning of a lien on the property for the continued violations. The fines were set at $200 for the first day of non-compliance and $150 per day thereafter. The Magistrate further stipulated that the fines would become a lien not only on the property but potentially on other real or personal property owned by the violator.
The Magistrate underscored the urgency of addressing these issues, labeling the property as a life safety concern. The discussion concluded with an emphasis on the necessity for the new owner to prioritize the property’s compliance with city codes.
Wes Morrison
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
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Recording Published:
04/24/2024
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Duration:
43 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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