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HomeMy WebLinkAboutCEB 1-19-2012Call to Order Roll Call " 0 .-/lty of Cape Canaveral Community Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JANUARY 19, 2012 7:00 P.M. Establish Next Meeting Date: February 23, 2012 NEW BUSINESS: 1. Approval of Meeting Minutes: September 22, 2011 COMPLIANCE HEARINGS: 1. Case No. 11-00017 - Violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgifte Krause, R.A. PUBLIC HEARINGS: Case No. 11-00082 - Violation of Section 303.1, Exterior Structure; Section 303.11, Stairways, Decks, Porches, & Balconies; and Section 303.13, Handrails & Guards, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (417 Polk Ave.) — Jessica Hanely-Poore & Michael A. Poore, Property Owners. . Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cave e-mail: cityofcapecanaveral.org CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 22,2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 22, 2011, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Raymond Viens OTHERS PRESENT Duree Alexander Joy Lombardi Todd Morley Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Building Official Assistant City Attorney The Board members established that the next meeting would be held on October 20, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 22, 2011. Motion by Mr. Godfrey, seconded by Ms. Hartley, to approve the meeting minutes of August 22, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 22, 2011 Page 2 COMPLIANCE HEARINGS: Case No. 10-00130 - Violation of Section 105.1, Permit Required; and Section 109.1. Inspections General, of the Florida Building Code, as adopted by Sectio 82-31, of the City of Cape Canaveral Code of Ordinances, (8010 N. Atlantic Ave. Unit #4) — Delorse A. Kopitas, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that the Case is not in compliance; however, the Respondent has hired a contractor to obtain a permit. Ms. Kopitas, Property Owner, testified that she hired General Contractor, Mark Derman, to obtain a permit. Mr. Derman said that he reviewed the plans and found it necessary to make a few changes. He stated that he will resubmit revised plans and obtain a permit. Officer Alexander respectfully requested that the Board find the Respondent in non- compliance of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances and impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Mark Derman, General Contractor, testified that he will obtain the permit within a week and an inspection for the revisions. Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to amend staffs recommendation and find the Respondent in non-compliance and be given until October 20, 2011 to come into compliance or impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1 Case No. 11 -000 17 - Violation of Section 78-128, Change of Use* and Section 78- 121, Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Izzy's Bistro aka BJBK Cal2e, Inc., c/o Bridgitte Krause, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for non-payment of the sewer impact fees for additional seating. Officer Alexander stated that a special exception for on premise consumption of alcohol was approved by the City. This followed an Ordinance change which reduced the minimum number of seating required from 200 to 150 seats. She further stated that the restaurant had previously paid the impact fees on the original 75 seats and now owes the impact fees on the additional 75 seats in the amount of $21,917.25 (75 seats x $292.23 per seat). Code Enforcement Board Meeting Minutes September 22, 2011 Page 3 Officer Alexander explained that, due to the amount of the impact fees, Ms. Krause, Business Owner, requested a payment plan to the City Council. The City Council requested that Staff ensure that the business was in compliance with all City Codes. Staff determined that the parking requirements have not been met and she needed 35 additional spaces (one space per three seats). Officer Alexander further explained that Ms. Krause had a parking agreement from an adjoining property; however that property has since gone into foreclosure, rendering the parking agreement void. Mr. Morley, Building Official, explained that the City Code requires a distance of 2,000 feet between businesses that have an alcohol license; with the exception that if a business has 150 seats they do not have to comply with that requirement. He further explained that if a business has 150 seats they have to meet the parking requirements for that number of seats which is one parking space per three seats. Therefore the business needs an additional 35 spaces to comply. Ms. Bridgitte Krause, Business Owner, testified that she was successful working with the City to implement the change of an ordinance to reduce the number of seating required to obtain an alcohol license from 200 seats to 150. Ms. Krause stated that she increased the seating in the restaurant to meet the 150 seat requirement which created additional impact fees due to the City in the amount of $21,917.25. Ms. Krause stated that she requested a payment plan and further stated that, at the time that the special exception was granted, she had the parking agreements between Mr. Porter and Mr. Keenan. Ms. Krause explained that she thought the payment plan was approved; however when she sent her first check to the City it was returned. She said that at that time Staff informed her there was an ordinance that states that no liquor license can be given unless the full amount of the impact fees are paid. Ms. Krause testified that she has requested a parking agreement from the bank which now owns the former Porter property, but they have not responded to her e-mail and Mr. Tezel, Izzy's Bistro Property Owner, agreed to pursue the development of parking on an adjacent lot using gravel but the City code requires the lot be paved. Ms. Krause further testified that she has never had parking problem in her four years at this location and that there are always vacant spots available. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances and be given 60 days to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept staffs recommendation and find the Respondent in violation and be given 60 days to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 22, 2011 Page 4 2. Case No. 11-00034 - Violation of Section 304.1, General: Section 304.3, Interio Surfaces: and Section 303.7. Roofs and Draina-ge, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of th Ci!y of Cape Canaveral Code of Ordinances, (8755 Oleander Ct.) — Mark & Nanc Conrod. Property Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 3. Case No. 11-00040 - Violation of Section 34-96(d), Standards Establishedo Section 34-122(a). Public Nuisance Prohibited: and Section 82-371, Posting and Si)ecification of Numbers, of the City of Cape Canaveral Code of Ordinances, (8652 N. Atlantic Ave.) — Linda Ward, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the exterior of the property. She stated that the property is overgrown, and the address numbers are missing from the building. Officer Alexander further stated that she has not had any contact from the owner. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 34-96(d), Standards Established; Section 34-122(a), Public Nuisance Prohibited; and Section 82-371, Posting and Specification of Numbers, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Hale, seconded by Mr. Godfrey, to accept staffs recommendation and find the Respondent in violation and impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 11 -00042 - Violation of Section 110-555, Pavina of Vehicular Use Area, of the Cily of Cape Canaveral Code of Ordinances. (6799 N. Atlantic Ave.) — S S Enterprises, Inc., c/o Thomas A. Vani, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for parking on the grass. Officer Alexander stated that the Respondent has moved the vehicles and is in compliance; however she would like to establish the violation so that if it happens again they can be cited as a repeat violator. Eugene Gordon, General Manager for Dollar Thrifty, testified that, upon the receipt of the prior Notice of Violation, he met with the City and put up a no parking sign and stopped parking on the grass. Mr. Gordon stated that it worked for a while; however, he was not aware that the problem was continuing until he spoke with Ms. Alexander. Mr. Gordon spoke with the Location Manager who told him that they have parked vehicles there but only for a short time. Mr. Gordon explained that the problem has been corrected and will not reoccur. Code Enforcement Board Meeting Minutes September 22, 2011 Page 5 Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 110-555, Paving of Vehicular Use Area, of the City of Cape Canaveral Code of Ordinances to establish the violation and fine $250.00 for any future recurrence of the violation addressed herein. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staffs recommendation and find the Respondent in violation and impose a fine in the amount of two hundred and fifty dollars ($250.00) for any future recurrence of the violation addressed herein. Vote on the motion carried unanimously. 5. Case No. 11-00044 - Violation of Section 34-96(b)(d), Standards Established; Section 34-990), Landscape Appearance and Maintenance; and Section 94- 62(a), Abandoned and Hazardous Signs, of the Cily of Cape Canaveral Code of Ordinances, (8680 N. Atlantic Ave.) — Land Holding, LLC, c/o Corporation Service ComQany, R.A. & United States Corporation Company, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 6. Case No. 11-00047 - Violation of NFPA 1. 10.11.7. Grills: NFPA 1. 69.3.10.9.2. Cylinders, of the of the Florida Fire Prevention Code, as adol2ted by Section 38- 26, of the Cily of Cage Canaveral Code of Ordinances, (200 International Dr., Uni 510) — L M De Turris. Trustee. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for grills on balconies. Officer Alexander stated that Jeff Roberts, Fire Inspector, found numerous grills on the balconies at this condominium and provided notification to each unit owner to remove the grills. Officer Alexander further stated that she sent out Notices of Violation to each unit that did not remove the grills. Officer Alexander received an e-mail from the Property Manager which stated that they can only evict a Tenant for non-payment; however, the lease will expire on October 31, 2011 and they have sent a Notice of Non -Renewal to the Tenant. The Property Owner is requesting additional time to come into compliance and explained that the unit should be vacated by November 1, 2011. Officer Alexander respectfully requested that the Board find the Respondent in violation of NFPA 1, 10.11.7, Grills; NFPA 1, 69.3.10.9.2, Cylinders, of the of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances and be given until November 17, 2011 to come into compliance. Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff s recommendation and find the Respondent in violation and give the Respondent until November 17, 2011 to come into compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 22, 2011 Page 6 7. Case No. 11-00063 — Violation of Section 110-496, Visibility at Intersections, of the Cape Canaveral Code of Ordinances, (202 Jefferson Ave.) — Jamille & Nancv Haddad, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was cited for visibility at an intersection; however since the Notice of Violation, the Property Owner trimmed the vegetation and is currently in compliance. Officer Alexander stated that she would like to establish the violation on this property due to the fact that there have numerous complaints and recurring violations. Officer Alexander respectfully requested that the Board find the Respondent in violation. Motion by Mr. Hale, seconded by Mr. Godfrey, to accept staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:10 P.M. Approved on this day of. Joy Lombardi, Board Secretary 2011. Mary Russell, Chairperson City of Cape Canaveral C"ry 4W CAM CAU"MVIXAL NOTICE OF HEARING CITY OF CAPE CANAVERAL CASE No. 2011-00017 A Florida Municipal Corporation, 1/09/12 Complainant, V. Respondent(s): Supra Color Enterprises, Inc. CIO Kurt Tezel, R. A. Izzy's Bistro aka. BJBK Cape Inc. CIO Brigitee Krause, R. A. Location of the Violation: 6615 N Atlantic Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2012, at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occur -ring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty On First Violation attached as EXH1131T "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing, Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DZ' tUhis 9th day of , January, 201 Duree Alexander, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvfloiida.com/cap e-mail: cityofcapecanaveral.org City of Cape Canaveral CODE ENFORCEMENT BOARD CMCW CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #11-000 17 A Florida municipal corporation, Complainant, V. Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel Owner of the Property located at: 6615 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC 22 & N 860.25 FT OF S 900.25 FT OF GL,4 IN SEC 23 LYING W OF ST RD 401 EX N 150 FT OF E 200 FT THEREOF & ORB 1215 PG 156,1223 PGS 734 & 736,1234 PG 286 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on September 22, 2011 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas - Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Case #11-000 17 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 78-128, Change of Use; and Section 78-121, Established, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given 60 days to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of September, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7&4,4 Mary Russ 6 1, Chairperson Case #11-00017 Copies furnished to: Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel, Property Owner City of Cape Canaveral, Case File NOTICE OF HEARING CITY OF CAPE CANAVERAL CASE No. 2011-00082 Pr A Florida Municipal Corporation, 1/09/12 Complainant, V. Respondent(s): Jessica Hanely-Poore & Michael A Poore Location of the Violation: 417 Polk Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2012, at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LD�kTED this =9thda of Janu�ary, 201 IYuree Alexander, CoMEnforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org Crry or CAPE CANAVERAL City of Cape Canaveral NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 417 Polk Avenue, Cape Canaveral, FL 32920 Respondent(s): Jessica Hanely-Poore & Michael A. Poore CASE NO. 2011-00082 Date: 10/17/11 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 417 Polk Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Jessica Hanely-Poore & Michael A. Poore 637 Catalpa Street Seymour, TN 37865 75 10 N. Atlantic Avenue - Post Office Box 326 9 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/capc - email: ccapecanavcral@cfl.rr.com Page 2 2011-00082 Our office received a complaint regarding the condition of your property and a site visit revealed the railings are missing on the balcony. This is considered unsafe structure and needs to be addressed as soon as possible. The property has been posted "Restricted Use" until repairs have been made. You may not remove any posting until the City of Cape Canaveral has performed and issued an approved final inspection. 3. Description of Violation(s) at property: Section 82-22 1, International property Maintenance Code (IPMC) Adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Section 3 03. 1, Exterior Structure, General; the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Section 303.11, Stairways, decks, porches, and balconies; every exterior deck and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. IMPC Section 303.13, Handrails and guards; every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 4. Recommendation(s) to co"ect the violation(s) described above: • Obtain the required permit; approved inspection and replace the missing railings on the second floor balcony. • Repair and/or replace any portions of the balcony in need of maintenance and/or repair not specifically stated herein. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. A1W &Icllliioe,� uree Alexander Code Enforcement Officer ti CL 4:F c -"o