##VIDEO ID:nY7IWHGIczE## you ready to to commence boarding is going 
yes very good I'm calling to order a cut   enforcement hearing in the City of Cape Canaveral 
uh today's date is October 22nd 2024 my name is   Richard Geller I'm special magistrate appointed 
by the city counc to hear Code Enforcement cases   pursuant to article six of the city code and 
Florida Statutes chapter 162 um these will be   quasi Judiciary quasi judicial evidentiary 
proceedings uh the burden of the proof is   on the city to show by perance of the evidence 
that a code violation exists in other words I'll   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   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   responding party anyone who' like to uh testify 
uh should sign the signning sheet at the uh at at   the front of the chambers upon request an alleged 
violator may ask relevant material questions of   any City witness and the city may ask uh similarly 
relevant material questions of any witness for the   responding party I may exclude evidence that I 
deem irrelevant material or unduly repetitious 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 any previous 
violations committed by The Violator will also be   considered under the city code and the Flor of 
statutes I may assess and order the payment of   a fine of up to $250 per day for a first violation 
and up to5 $100 per day for a repeat violation and   in exceptional circumstances where the violation 
is irreparable or irreversible find of up to   $5,000 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 allw 
based on the evidence of record and I will also   issue an order uh to follow up in writing the 
city will record a certified copy of an order   imposing a fine which will become a lean upon the 
land where a violation occurs as well as upon any   real or personal property owned by The Violator 
any order I issue may be appealed by any party   to the Circuit Court for Bard County 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 presented   before me the city's agenda packet will be 
administratively accepted into evidence at   city's exhibit one and its PowerPoint slides as 
Exhibit 2 I've signed and approved of the minutes   uh for for the August 27 2024 meeting which I'll 
give to our our recording secretary Miss Roth at   the conclusion here and the next meeting uh 
is added here just a moment ago January 28th   thank you so much January 28th 2025 for the next 
meeting so the uh first case on the agenda case   number 24 uh 141 the property owner is indicated 
as uh uh Susan haen hopefully I pronounced that   correctly is City ready to proceed I would like 
to first uh um you see a lot of new faces here   I I take it um i' like to introduce a couple of 
our uh newest Code Enforcement Officers we have   Chris I'm going to mess up his last name faia 
fella and uh William wheeler you will see them   a lot now and probably hopefully be presenting 
cases to you soon terrific good to have you all all I'm Gerald coats U code enforcement 
officer City Capo all right and is is   your first name is it Geral or is there 
there's no D on the end it's just Geral   okay Mr coach thank you so much first 
case is uh case number 24209 Daniel MCN 244 Coral Drive Legal is up there   as well as the parcels on the screen uh 
violation is for property maintenance   notice the violation uh August 16th 2024 return 
receipt on August 22nd 2024 notice of hearing is 912 2024 return to cator 918 2024 9177 
2024 property was posted in accordance with   Floyd statutes 16 2-12 notices along with 
the required posting at City Hall there's   a view of the property right there uh on 8724 
I conducted the site visit to 2244 Coral Drive   following up on a complaint that was received from 
Mr Timothy bass at 248 Coral Drive in reference to   overgrowth of grass and weeds during the visit 
I observed grass and weeds in excess of 6 in   is in the front and rear yard 81224 courtesy 
notice was left at the side door to the property   81624 I conducted a site visit and observed the 
front yard had been mowed however no attempt   had been made to mow the rear yard grass 
and weeds are stilling excess of 6 in in   height AG 1624 a notice of violation was sent 
to the property owner 8 2324 I spoke with the   property owner Mr mcnali and he stated the 
overgrowth of grass and weeds would be mowed   991224 I conducted a site visit and observed 
the property is still in violation with no   further attempt for compliance 91724 property 
was posted with a notice of hearing here's a   picture of the uh front yard and you can 
see the overgrowth of the grass and weeds   that is uh surrounding the mailbox along with 
the trailer that's in the background excuse   me can you go back to that here Mr Geller yes 
real quick um we everybody needs to be sworn in thank you so much for catching that that's 
that's what I get for for going so quickly here   uh anyone who who intends to give testimony do 
you swear the testimony that you have or have   given this you you will give or have given this 
evening is the truth whole truth and nothing but   the truth it's all you got I do thank you so 
much can continue uh in continuance this is   the front of the property and you can see the 
overgrowth close view around the mailbox and   uh rear viw of the uh trailer and the the 
Forefront here of in front of those we're   talking in in front of the house yes that's 
a trailer top or what is that that's a popup   tamper camper popup camper so that goes on on top 
of that that's pull behind he he pulls it and he   it's it's moved from T you know it's every now 
and then you'll see it in the very front and all   I guess I've never seen one off a vehicle so I'm 
having trouble visualizing in my head it's it's   sitting on a close view would show it's sitting 
on a trailer oh I see oh okay so there's some   wheels under there but but that's not part of 
the violation right so it's just just they he   hasn't trimmed around the mailbox here well 
he hadn't mowed the grass period okay and   so you're you're okay there's another view of it 
all right and the trailer has been moved forward   and it was in this P of area around there that 
looks like is that September 10th according to   the the date stamp September 10th 19 2024 yes 
and so it's your testimony that that the grass   here is is still too high yes sir okay this is the 
picture of the backyard showing the grass is even   taller that's also on September 10th September 
10th yes sir another view uh September 10th   taken with the uh grass still in in uh yeah 
and I assume that's the backyard that is the backyard this picture was taken October 
3rd still not uh compliant this picture   was taken on uh today showing that 
the grass is still in excess of 6 in right I don't think he's here okay I don't 
I don't see anyone uh to testify what is the   the the photographs speak for themselves frankly 
what is the uh recommendation of the of the city   as far as what kind of time you would like 
to give Mr MCN to bring this property into   compliance based on testimony evidence submitted 
uh this hearing staff request the mric find the   respons in violation and give until November 22nd 
2024 to bring this property to compliance all right all right I I'm going to um enter an order 
this again will be uh reduced to writing that I   find that the uh official records of the property 
praiser do identify the respondent as the owner of   the subject property that um the um uh notices 
of violation notice of hearing were served and   posted in compliance with the city code and the 
Florida Statutes I'm going to find that multiple   site visits were were made on multiple dates uh 
establishing that the um grass and vegetation uh   far exceeded 6 in it it it looked um uh looked 
just terrible and looked like a blight and   that I'm going to find that the 
the respondant is in violation   of the property maintenance standards 
in the city code section 34- 94 which um requires good Community appearance um finding violation of 
section 34- 96 a b and d uh which   um sub paragraph a requires maintenance and upkeep 
of all land improved in the city uh that the owner   of every single family uh dwelling is responsible 
for maintaining the exterior and a clean sanitary   and safe condition um also d sub paragraph D that 
U premises should be kept free of all nuisances um   find that this is a nuisance a blighting 
deteriorating influence on the neighborhood   therefore a violation of sub paragraph D I'm 
finding a violation of section 34 34- 97 again   that the owner is responsible for maintenance and 
not allowing premises uh to have accumulations of   brush and weeds and obnoxious growths finding 
this to be a public nuisance and a violation of   section 34-1 122 that says that all grass areas 
and yards on improved property shall be properly   maintained in a neat and attractive Manner and 
kept free of dead plants there were plenty of of   dead grass on the on the property as well and 
uh and shall further uh be maintained so that   grass weeds and other rank vegetation shall 
not exceed 6 in in height there are clear   examples in the uh evidence of record that we're 
exceeding 6 in finding a violation of section 882-1287 121 yards on developed property shall 
be regularly landscaped and maintained in good   condition pursuant to the property maintenance 
standards set forth in the city code which are   clearly not be met uh respondant is ordered 
no later than November 22nd 2024 to maintain   the grass weeds and other rank vegetation in 
a manner not to exceed 6 in in height and to   confirm compliance with code enforcement officer 
if the respondant fails to timely correct the   violations I would ask the code enforcement 
officer to to schedule a compliance hearing   before me in which case the respondent will be 
given due notice and we have an opportunity to   appear and testify whether the violations are 
continuing on the subject property and if they   are continuing um I will enter a fine of up to 
$250 per day that the violation continues and is   stated earlier than any fines that are issued uh 
will in fact be BEC a lean on the property next   case is a 24-h actually the first one I don't 
if we if we miss we uh misstated this was so   it's 24209 was the mcnali case yes sir okay I'm 
I so which one do you want to do next because   that was actually number three on the agenda 
so let's go back let's go back to Susan Hagen   now and that's the the number one on the agenda 
which is case 24-1 141 case number 24-1 141 s   hian 367 Harbor Drive Cape Canaveral 32920 
uh legal parcel ID on screen violation is   for property maintenance notice of violation 
62624 return receipt 629 2024 to Susan higan   notice of hearing 912 2024 returned to Center 
918 24 97 2024 property was Post in accordance   with Florida Statutes 162-1 12 notice along 
with required posting at City Hall yeah   wait just I will make sure I got all those 
dates would you go back a slide please yes sir okay you can move you could proceed all right 
this is a picture of the uh property okay on April   29th 24 during more inspections I have observed 
overgrowth of grass and weeds in excessive 6 in in   the front rear and side yard I also observed trash 
debris in the front driveway and a large folding   ladder in the front yard further observation 
indicated garage door appeared inoperable with   the left side completely closed and the right 
side partially open a courtesy door hang was left   at the front gate due to aggressive dogs in the 
front yard April 30th 24 I received a telephone   call from Miss hian asking about the door hanger 
left at her property I explained to miss hian the   violation before we move on can I can I just 
interrupt you so I'm I'm just interested in   understanding what's going on with the garage it 
says the garage door appeared inoperable with the   left side completely closed and the right side 
partially open was this lopsided yes sir I'm not   a garage door guy but from from the looks of it 
it's jumped to tracks and one cable is tight and   one's not and it has been this way for a long 
time so we'll call it a lopsided a garage door   only closed on on one side only closed on one 
side and this is a single door that's yes like   that okay that's all I've got a picture of it 
okay good good good I'll let you move on here   on May 14th 24 during daily inspections I had 
observed some of the trash and debris located   on the front left side of the property had been 
removed along with the large ladder in the front   yard May 23rd 24 received a telephone call from 
Miss tan advising due to her health problem she   is unable to address any of the violations at 
this time but just just just go back to that   that last slide if you will will uh so 30 she 
said she's going to correct on May 14 24 now we   got trash and debris Is this different trash and 
debris that was um that was in the the driveway   on the the first inspection on 429 that's the same 
trash debris that was removed I'll I'll have that   uh you'll be able to see this in pictures that 
I have so so this is on the front left of the   property this is the same trash and debris that 
used to be on the front driveway he just moved   it if if you look at 429 says observe trash and 
debris in the front driveway and here we got trash   and debris in the front left side of the property 
is this different trash front and the left side of   the property yes sir okay I'm not sure I'm getting 
an answer to what I'm trying to understand is this   the same trash and debris same trash and debris 
so this is also on the driveway yes okay what   what what and well I guess you'll show me in the 
photographs but go ahead and then and then she   says she she's a poor health on the 23rd yes 
okay okay you could proceed yes sir all right on 62624 during his site visit observed 
violations still existed at 1224 I conducted   a site visit observed a yard crew was mowing 
the grass in the front side and rear yard on   9 1224 I conducted a site visit and observe 
trash debris and weeds had been removed the   garage door however remains inoperable okay 
so um Miss hean has done everything that I've   asked her to do except for the garage door 
and she's and in the time uh since 9912 has   she been continuing to maintain the the 
grass yes okay she's got a yard crew that   has come and I've been I've saw these okay 
M the grass and uh doing a great effort to   uh put this property okay good so all right 
let's let's let's see your pictures now yes   sir all right here's the grass and weeds that is 
accumulated on the left front side of the property there's the garage door and 
there more of the weeds and   grass located underneath that table uh 
and the garage door is at of slant and   has been that way for a long time 
now now I understand the garage door this is another picture of the 
front yard U revealing the high grass   in the ladder and some of the debris 
that's accumulated around the front yard this is another view showing the what I could 
see of the back side yard of the tall grass and weeds all right this is where it gets start 
getting into compliant because this grass has been mowed and a lot of the weeds that were in the 
cracks of the dryway and the one on the left front   side of that garage by by that garage have been 
removed all right there's one of the vicious dogs   and U is is that the respondents property with the 
dog okay right and you can see that the grass is   being kept clean and in m so I guess the question 
and I don't I don't see the representative here uh   she she called and St due to a uh Health concern 
she's not going to be able to make it okay I I   understand she had a supposedly had a crew coming 
out today to fix the garage door but they didn't   come out okay so I guess the the the question for 
the city is do you I I I have two options in front   of me one I can find that she was in violation 
of of the um Provisions governing the vegetation   the six inches and all that or we could and if 
I were to find that she was in violation if it   goes back into violation then it's a a repeat 
violation where she would be liable for up to   $500 instead of $250 the other alternative is 
just confine any order I I issue to the garage   door issue and um you know given maybe given her 
health and and that she has um apparently hired   This Crew they're they've been maintaining it for 
a month maybe the city just wants to concentrate   on the garage she has made an effort and she 
stays in contact with myself oh good okay and   uh lets me know what's going on and um she is 
really working on trying to get this repaired   okay so in in that case um I I guess we're in 
we're in agreement let's let's focus the order   on getting the garage fixed and then she'll be in 
total compliance I I'm yes I'm good with that all   right and um how much time is reasonable to get 
the garage fixed if it's a matter of just fixing   some cables and whatnot I mean it shouldn't take 
too long I'm going to give her till November 22nd okay all right so all right so I'm gonna um just confine my order 
to um to the garage door and I'm going to find   that the uh responded is in fact the uh subject 
owner of the property that there were numerous   inspections uh that began on April 29 2024 that 
found the garage door inoperable and uh that   apparently either jump the tracks or uh or the 
cabling is is is out of um is not needs repair and   that this condition has been um continuing um up 
until um uh possibly to the present day although   um she um has notified the City by telephone 
that she has hired someone to fix the garage   door is that correct that's what she 
that's what she she was always told okay I'm going to find that the uh 
notices of violation the notices of   hearing all complied with the city 
code and Florida Statutes I think   the um um I I am finding a violation 
of the property maintenance standards   set forth in the city code section 34- 94 
um good Community appearance main it's an upkeep that the exterior must be kept in a um   Clean sanitarian safe condition um the 
garage door does not appear to be safe do it all parts of a single family dwelling 
shall be maintained in good repair shall be   capable of Performing the function for 
which each structure a part thereof was   designed or intended to be used that's clearly in violation exterior property shall be kept free of um second here exterior property shall be kept free of all nuisances all conditions which may create 
a health hazard or even a fire hazard   if if that garage door is not operable 
it's one less uh exit from a house that   that could be on fire so I'm going to find a 
violation of of this sub paragraph D of 3496 I'm going to find a violation of 34122 strike that that's referring to the um the grass yards I'm going to order that the respond it 
have the garage door repaired or replaced so   that it is in compliance with the code no 
later than November 22nd 2024 that um she   must uh obtain all required permits to either 
repair or replace the garage door and to um uh   have a final inspection performed and also to 
confirm compliance with the code enforcement   officer and um as stated in the previous case 
any failure to uh comply um I would direct the   cut officer to schedule compliance hearing 
before me in which case the uh respondant   um uh may be subject to fines in an amount of 
up to $250 per day per violation and that any   fines that are imposed uh would become a lean 
on the subject property and any other personal   um real or personal property that she may 
have I'm U ready to move on to the last one   this is Diane Bateson if I'm pronouncing 
that correctly correctly uh case number 24-28 case number 24208 di baton address 8801 
SE shell Lane legal and parcel on the screen   violation is for work without a permit notice 
of violation 8824 was returned to Cinder on   104 2024 8 2024 property was posted in accordance 
with Florida statute 16212 notices along with the   required posting City Hall notice of hearing 916 
2024 return receipt 99 2024 there's picture of the property on 53024 m f d submitted a permit 
application for 5ot fence on 6424 officer   Palmer the deputy manager sent a email to the 
applicant inform them the fence was within 25   ft of a rway it could not exceed 4T in height 
on 61124 director code officer David Dicky   contacted officer Palmer and asked him to call 
Miss Bateson regard regarding the fence officer   pman made contact with Miss baton and explained 
to her according to city code section 110- 470   no fence can exceed 4 ft in height Within 25 ft 
of a rway Miss Bateson stated Mr Dicky told her   she was allowed to wck a 5- foot F fence 
excuse me officer Palmer stated he would   contact Mr dicki in reference to her statement 
officer Palmer made contact with Mr dicki who   stated he did not tell Miss Bon she could have 
a 5- foot fence within 25 foot of a rway he did   State she could apply for a variance a variance 
packet was sent via email to miss Bateson 61224   Miss Bateson submitted an incomplete variance 
application packet Miss Bateson stated on her   application she would not pay the application 
fee until her variance was approved 61724 the   senior the City Senior planner contacted Miss 
Bateson informing her the variance packet was   incomplete and must be paid for prior to moving 
forward on 725-24 MC fence contacted the building   department and stated they were cancelling 
the application for the fence permit um sir   I've Got U officer Palmer is here that can 
uh justify the fact that all that I read just now yeah you're that's fine um this is 
this is admissible evidence in this in   this hearing we're not we're not bound 
by um by by excuse me the evidentiary   rules that would apply in a court of law so all 
right 8224 during morning inspections I observed   a new aliminum open picket fence exceeding 4 ft 
in height erected at 8801 seashell Lane without   first obtaining the required permit through the 
City of Cape canav staff tried to notify the   property owner however the owner was not home a 
courtesy notice with business card was left with   person staying at the property questioned a code 
enforcement be notified when the property owner   is available on 8 824 as to this date no contact 
has been made from the property owner a notice of   violation is mailed certified to the property 
owner on 8 2024 posted property with notice   of violation in accordance with Florida statute 
16212 notices along with the required posting at   City Hall 9924 a search of the permit database 
revealed no permit had been issued on 91024   Miss Dian Bateson contacted me via telephone 
and informed me due to her job she's of and   out of town and she had no idea who wrecked the 
fence when she was away she further stated she   thought the fence company had applied for 
and obtained the permit Miss baton further   stated she would apply for a fence permit on 
September 14th 2024 91324 no permit application   had been submitted for the fence on 10:18 
24 a permit application was submitted for   the fence which has already been installed the 
permit application is for a 5-ft fence which is   in violation of the city Cod this picture was 
taken on 719 2024 this is a Friday there is no fence this picture was taken on Monday 7222 24 and   there is a fence this is a another 
view of the fence taken on October 3rd another view taking on October 3rd this is 
the side view along the sidewalk October 3rd and   this picture was taken to indicate that this fence 
is exceeds 4 feet sure does I assume that I don't   see the property owner here so this is going 
to be more than just getting a permit I mean   a permit cannot be issued even retroactively 
for construction that is in violation of the   code she was told that so she needs to go to 
the is it called the variance board here or   the board of adjustment or what is what the 
proper name yes she would have to apply for   a variance first yeah for the 5-ft fence so 
she has um a few options she can remove the   5-ft fence she could cut the 5-ft fence down 
to 4T or she could apply for a variance for   the 5ot fence um once she completes the the 
whole variance packet um then she would go   in front of the uh the Planning and Zoning Board 
okay so it's the P andz then that that I believe   it's pingz I'm not I'm not gu I can't guarantee 
that all right is it yes it is thank you so all right it's the the uh the oppositional 
Behavior doesn't sit very well with me um what what is so so so 
um Mr Palmer uh stated the different the different options that she has 
what do we want to um what kind of deadline do   we're still going this November 22nd deadline to 
I real real quick sir I would like to enter into   evidence um this is the variance package that she 
submitted um and the reason why I would like to   enter this into evidence is um on the page for 
the for the submittal fee she has written on   here to be submitted when permit approved fee 
to be determined and this is a um a statement   that's been notorized from our permit Tech on 
a discussion that she had with Miss Bateson   I would just like to submit these as evidence 
if you could um give them to to miss Roth and   and that and I uh I will um acknowledge those as 
exhibits in my in my written order um thank you but go ahead and and those will be um exhibits 
three City exhibits three and four if you would I'm going to um accept your description 
of the U of the statement that she'll submit the   payment after after she gets her variance and then 
and then the the uh the other statement by um the   city official well can you paraphrase what what 
that says yes it speaks on a conversation that she   had with Miss Bateson um in reference to the fence 
she had uh first told us that she had no idea who   put the fence up in this statement she tells the 
permit Tech that it was actually the person she   hired to begin with the MC um I don't remember 
their name oh MC fence and deck um she stated   that they were actually the ones that came out and 
put up the fence she went ahead and let them so in   other words they've I mean they she actually let 
them continue knowing that they required a permit   along with the fact that the contractor knew that 
a permit was required also I just wanted that to   be in the record I don't find the statement that 
um she had no idea who installed her fence I don't   find that credible in the least um and that's a 
um a rare finding for me I think most citizens   who who uh come to the city are are honest and 
people who citizens who've appeared before me   have been honest that's just not credible I have 
no idea who installed a fence on my property so um so going back to my my question um shall we uh go with the November 
22nd deadline to yes sir Now is it   going to be November 22nd to either 
uh remove the fence or cut fence to 4 feet I assume that can possibly be done um the the variance process that would 
take months I would assume um and so should we give her till November 22nd 
to submit a variance application with all   required fees a complete variance package 
or complete variance application with all fees all right so that's what we'll 
do um that'll be the order by November   22nd either remove the fence cut 
the fence to 4 feet or complete   a a a or submit a complete variance 
packet with all fees uh paid to the city and she should also 
she'll be required to contact um um The Code Enforcement division to 
um advise as to her compliance with the   order and if there's a failure to comply again 
the direction would be to schedule a hearing   before me to uh issue fines which um may be 
entered into an amount of $250 per day per   violation the um violations here uh as were 
um given to the property owner and I do find   that she that the respondant does own the the 
subject property we're talking violations of   section 82- 31 which incorporates forab 
building code and in particular sections   105.1 which requires permits and 
uh and inspections which is section 1101 clear violation there and um I also will add that the notice of 
violation notice of hearing complied   with the city code and Florida Statutes 
I'm also going to enter into my uh into   my findings the various uh the various uh 
inspections that were done and the U uh   the U chronology of the um of the property 
owner being advised about the uh the 4-foot   rule and um my uh finding that the doesn't 
know who installed the fence is not credible and I'll uh get this in the other orders prepared 
this week do we have any other business to deal   with tonight no sir all right so again apologies 
for starting late this the first time and I don't   know how many years I've been doing this now 
I've never never been late for hearing and uh   was just totally bottlenecked up in traffic so 
I'm I'm glad that uh we could get these knocked   out tonight and appreciate everyone uh showing up 
and and nice meeting meeting all the all the new   C Enforcement Officers this evening so thank 
you again we'll adjourn the hearing thank sir