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HomeMy WebLinkAboutCEB 2-23-2012Call to Order Roll Call _'ity of Cape Canaveral Building Department/Code Enforcement 'AGENDA ,ODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE FEBRUARY 23, 2012 7:00 P.M. Establish Next Meeting Date: March 22, 2012 NEW BUSINESS: _T 1. Approval of Meeting Minutes: January 19, 2012 PUBLIC HEARINGS: v/ Case No. 11 -000 11 - Violation of Section 105. 1, Permit Required; Section 109. 1, Inspections General; Section R303.8, Required Heating; Section R305.1(3), Minimum Height; Section R309.1, Operating Protection; Section R311.4.1, Exit Door Required; Section R311.4.2, Door Type and Size; Section R317.1, Two - Family Dwellings; Section R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1, Handrail Height; Section R311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip Size, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical Code; and Section 78-121, Established; and Section 110-292, Principal Uses and Structures, of the City of Cape Canaveral Code of Ordinances, (360 Monroe Ave.) — Christopher Robin Kirby & Marcheta Kirby Kern, ETAL. Case No. 11-00073 — Violation of Section 97-76(b), Temporary On -Premise Signs; Section 94-82, Awnings, and Canopies; Section 94-99(b), C-1 Low Density Commercial District, C-2 Commercial/Manufacturing District and M-1 Light Industrial and Research and Development District; Section 78-96(b), General Prohibitions and Limitations; and Section 70-69, Receipt Required; Payment of Tax Prerequisite to Issuance, of the City of Cape Canaveral Code of Ordinances, (7900 N. Atlantic Ave.) — James Kappernaros, Property Owner & Xstream Auto Wash & Detailing, Inc., c/o Susan Anderson, R.A. Case No. 12-00001 - Violation of Section 302.1, Exterior Property Areas, 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; Section 34- 96(d), Standards Established; and Section 110-467(2)(3)(4)(5)(6), Garage Sales, of the City of Cape Canaveral Code of Ordinances, (8495 Ridgewood Ave.) — Kendall K. & Kevin L. Thornsley, ETAL. 75 10 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 Code Enforcement Board Agenda February 23, 2012 Page 2 Case No. 12-00004 - Violation of Section 108. 1, General; and Section 303.11, Stairways, Decks, Porches, and Balconies, 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; Section 34-122(a), Public Nuisances Prohibited; and Section 34-96, Standards Established, of the City of Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) — Marsha K. & Kent C. Howe, Property Owners. V/ Case No. 12-00005 - Violation of Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1, General; and Section 306.1, Infestation, 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, (201 International Dr., Unit 214) — Tina Stewart Estate. 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. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 19, 2012 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 19, 2012, 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 Raymond Viens Walter Godfrey James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Ralph Lotspeich 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 February 23, 2012. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: September 22, 2011. Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of September 22, 2011, as written. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 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 Bri-gitte 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). Officer Alexander explained that Staff and the Planning & Zoning Board are currently discussing proposed revisions to the City Code regarding restaurants serving alcoholic beverages. Staff has proposed the elimination of the requirement for a restaurant to be granted a Special Exception in order to serve alcoholic beverages, the elimination of the 2,000 feet separation requirement for restaurants that serve alcoholic beverages, and a reduction in the minimum seating requirement. The Planning & Zoning Board held a discussion on the proposed revisions at its November 9. 2011 meeting, and on December 14, 2011 requested that Staff prepare an Ordinance revising the Code. The Ordinance was reviewed by the Planning & Zoning Board on January 11, 2012. The Board supports Staff's proposed Ordinance; however, additional wording is required to reconcile conflicts between different sections of the Code prior to the Board making a final recommendation. Officer Alexander stated that additional time is needed before the Code changes will be final. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Code Enforcement Board Order and give the Respondent an additional 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. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the Respondent in non-compliance 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. 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 ProDerty 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. 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 balcony. Officer Alexander stated that a 'Restricted Use' placard was posted on the premise due to the poor condition of the balcony and the fact the all of the hand rails are missing. Officer Alexander respectfully requested that the Board find the Respondent in 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 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. 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 fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:16 P.M. Approved on this —day of 2012. Mary Russell, Chairperson Joy Lombardi, Board Secretary NOTICE OF HEARING ; Cl" or CAPff CANAVKR- THE CITY OF CAPE CANAVERAL CASE No. 2011-00011 A 7FIorida Municipal Corporation, 1/24/12 Complainant, V. Respondent(s): Christopher Robin Kirby & Marcheta Kirby Kern, ETAL Location of the Violation: 360 Monroe Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 23, 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 BOARIYS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. t 24th anu D his ^, ary, 2012 0 15,uree Alexander, Code E rcement 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 CODE ENFORCEMENT BOARD a.. or C*J% CAk^VUPAL CITY OF CAPE CANAVERAL, FLORIDA ;7 NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2011 -00011 A Florida Municipal Corporation, 1/9/12 Complainant, V. Owner(s) of the property located at: 360 Monroe Avenue, Cape Canaveral, FL 32920 Rcspondcnt(s): Christopher Robin Kirby Marcheta Kirby Kern, ETAL 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 Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 violation(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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 360 Monroe Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Christopher Robin Kirby Marcheta Kirby Kem, ETAL 4915 Canyon Ranch Trail Spicewood, TX 78669 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cUe e-mail: cityofcapecanaveral.org 2011-00011 Page 2 Our office received a complaint regarding the condition of your property; people living in the garage, and work without a permit. A site visit by staff revealed structural work, electrical work and plumbing work done without the required permits and approved final inspection. It was noted at the time of the inspection that additional bathrooms and kitchens have been added. In addition, it appears you have subdivided the townhome into three individual living units. You are in violation of the following City of Cape Canaveral Code of Ordinances and the Florida Building Codes: 3. Description of Violation(s) at property: Sec. 82-3 1. The Florida Building Code Adopted; FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC 109.1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. FLBC—R303.8, Required Heating; every dwelling unit shall be provided with heating facilities. FLBC-R305.1, (3), Minimum Height; For rooms with sloped ceilings, at least 50 percent of the required floor area of the room must have a ceiling height of at least 7 feet (2134mm) and no portion of the required floor area may have a ceiling height of less than 5 feet (I 524mm). FLBC- R309.1, Opening Protection; Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. FLBC-R311.4.1, Exit Door required; the required exit door shall provide for direct access from the habitable portions of the dwelling to the exterior without requiring travel through a garage. FLBC-R311.4.2, Door Type and Size; the required exit door shall be a side hinged door not less than 3 feet (914mm) in width. NEC -1 10. 1 3(A), Mounting; Electrical equipment shall be firmly secured to the surface on which it is mounted. FLBC-R317.1, Two-family Dwellings; Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor assemblies having not less than a 1 -hour fire resistance rating when tested in accordance with ASTM E 119. Fire -resistance rated floor ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend to the underside of the roof sheathing. 2011-00011 Page 3 FLBC-R312.1, Guards; Open sides of stairs with a total rise of more than 30 inches (762mm) above the floor or grade below shall have guards not less than 34 inches (864mm) in height measured vertically from the nosing of the treads. FLBC-R502.1.3.3, Alterations to Trusses [IRC -R502.11.3); Truss members and components shall not be cut, notched, splices or otherwise altered in anyway without the approval of a registered design professional. FLBC-R311.5.6.1, Height; Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finish surface of ramp slope, shall be not less than 34 inches (864mm) and not more than 38 inches (965mm). FLBC-R311.5.6.2, Continuity; Handrails for stairways shall be continuous for the full length of the flight. FLBC-R311.5.6.3, Handrail Grip Size; All required handrails shall be of one of the following types or provide equivalent grasp -ability. (2).Type II, Handrails with a perimeter greater than 61/4 inches (I 60mm) shall provide a graspable finger recess area on both sided of the profile. City of Cape Canaveral Code of Ordinances: Sec. 78-121, There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the city. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the city sewer system. The assessment schedule shall be as set forth in appendix B to this Code. Sec. 110-292, Principal Uses and Structures: On the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; (4) Public Schools. Notwithstanding, the following, there shall be no more than 15 dwelling units per net residential acre. 4. Recommendation to correct the violation(s) described above: • Remove all improvements to the dwelling unit; • Remove the separation wall; • Restore or bring all noticed violations into compliance status; • Cease and desist the use of the garage as a living unit; • Obtain the required permit and approved final inspection for the new electrical panel installed in the downstairs bathroom; • Pay the imposed sewer impact fees for the additional bathrooms; • Repair the smoke detectors and maintain the detectors in good working order; • Remove and/or permit any and all improvements not specifically cited upon inspection by the building inspector. Failure to comply within ten (10) 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 Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code garcement.0 fi er at the: City of Cape Canaveral. (321-868-1222) Duree Alexan e Code Enforcement Officer NOTICE OF HEARING CAM T THE CITY OF CAPE CANAVERAL CASE No. 2011-00073 A vlorida Municipal Corporation, 1/24/12 Complainant, V. Respondent(s): James & Tara Kappernaros Xstrearn Auto Wash & Detailing, Inc. C/O Susan Anderson, R. A. Location of the Violation: 7900 N Atlantic Avenue, Cape Canaveral, Fl, 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 23, 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 EXIRBIT "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 TIHE 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D D this 24thn d1a of January, 20124 JX '0 f orc off Duree Alexander, Cc e Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl. 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflorida.com/cape e-mail: citVofcapecanaveral.org City of Cape Canaveral Community Development Department NOTICE OF VIOLATION CIT"y OF CW C4W6 CAKAVMAL THE CITY OF CAPE CANAVERAL Case No. 2011-00073 A Florida Municipal Corporation, Date: 9/27/11 Complainant, V. Owner(s) of the property located at: 7900 N Atlantic Avenue, Cape Canaveral, FL 32920 Respondent(s): James & Tara Kappernaros, P.O. Xstrearn Auto Wash & Detailing, Inc. C/O Susan Anderson, R.A. 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 Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that 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 violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 violation(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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. Property where violation(s) exist(s): 7900 N Atlantic Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: James & Tara Kappernaros, P.O & Xstrearn Auto Wash & Detailing, Inc. 1205 Powers Run Road C/O Susan Anderson, R. A. Pittsburg, PA 15238 1835 Mili Avenue, Merritt Island, FL 32952 75 10 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 Page 2 2011-00073 Our office has investigated complaints regarding the excessive signage located on the property. Staff requested that you stop allowing water from the car wash to drain into the City's Stormwater System on the South side of the property facing Monroe Avenue, and the West side of the property facing N Atlantic Avenue. To date nothing has been done to correct this issue. A vending machine has been placed on the property without the required Business Tax Receipt for this machine. Infortnational Note: All Business Tax Receipts for this property will expire September 30,2011. 3. Description of Violation(s) at property: See. 94-76, b, Temporary on -premise signs: (a) Temporary on -premises signs shall be permitted under the following conditions: (b) In addition to the general requirements in subsection (a), the following requirements shall apply to the specific types of signs listed below: A maximum of one on -premises banner sign may be erected on nonresidential property not to exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner sign may be erected for a maximum of 30 days on nonresidential property and a maximum of 14 days on residential property during any calendar year. A banner sign is exempt from the freestanding requirement set forth in subsection (a)(2) above and the size restriction set forth in subsections (a)(4) and (5) above, provided it is securely fastened in a manner to withstand weather elements commonly experienced in the city. Section 94-82, Awnings, and Canopies: Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. 4;1 - Section 94-99, C-1 Low Density Commercial District, C-2 Commercial/Manufacturing district and M- I Light Industrial and Research and Development District: (b) Any sign not specifically permitted in the C- 1, C-2 and M- I districts is prohibited. Wall Signage -two per storeftont or structure, provided each structure is a separate business. Max Area: Parallel to street 15% of wall height x wall width of wall that sign is located on max. 160sf Perpendicular to street, 15% of wall height x wall width of wall that sign is located on max. 128sf Section 94-105, Enforcement: Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. Page 3 2011-00073 Section 78-96, General Prohibitions and Limitations. (b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the city. Industrial cooling water and unpolluted process waters may be discharged on approval of the city to a storm sewer or natural outlet. Under no conditions will the discharge of domestic, sanitary, industrial or commercial waste be permitted into the storm sewer system. Section 70-69, Receipt Required; Payment of Tax Prerequisite to Issuance: Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a local business tax receipt from the city and shall, upon procuring the receipt and before the issuance of the receipt, pay the amount of local business tax required as provided in section 70-89. 4. RECOMMENDATION(S) to correct the violation(s) described above: • Remove all illegally erected banners, temporary signs, non -permitted wall signage. • All temporary signage/and or temporary displays must meet the requirements of Section 94-76. (Attachment) • Immediately stop allowing wash water to drain into the City's Stormwater System on both street frontages. All wash water mush drain into an approved drainage system on site. • Obtain a Business Tax Receipt for the vending machine(s) placed on the property. Failure to comply within fifteen (15) days from receipt of this Notice shall result in fin-ther action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the ity of Cape Canaveral, (321) 868-1222. Duree Alexander Code Enforcement Officer Attachment 1 aw NOTICE OF HEARING W tTv Of CAkAVV�L THE CITY OF CAPE CANAVERAL CASE No. 2012-00001 7AF1orida Municipal Corporation, 1/31/12 Complainant, V. Respondent(s): Kendall K. & Kevin L. Thornsley, ETAL Location of the Violation: 8495 Ridgewood Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 23, 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LA), ED this 3 of Jami 12 y of 'anur -44 A; Ander, C de Enf rcement Officer Duree Alm C �de Enforcemerr 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 C 0 ity of Cape Canaveral ! cwyw NOTICE OF VIOLATION CMM cmmxpam T W." 7 DATE: 1/9/12 CASE NO. 2012-00001 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8495 Ridgewood Avenue, Cape Canaveral, FL 32920 Respondent(s): Kendall K. & Kevin L Thornsley, ETAL 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 ten (10) days for all violations other than the frequent garage sales. The respondent shall cease and desist the frequent garage sales immediately. 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): 8495 Ridgewood Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Kendall K. & Kevin L Thornsley, ETAL 8495 Ridgewood Avenue, Cape Canaveral, FL 32920 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cqpe e-mail: cityofcapecanaveral.org 2012-00001 Our office received a complaint regarding the condition of your pool and the numerous number of yard/garage sales. A site visit revealed the pool is green and in need of maintenance. You have been issued a Civil Citation for the numerous garage sales and continue to conduct the weekend garages sales at your residence. 3. Description of Violation(s) at property: Section 82-221, International Property Maintenance Code: 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. IMPC Section 302.1, Exterior Property Areas; Sanitation; All exterior property and premises shall be maintained in a clean, safe and sanitary condition. City of Cape Canaveral Code of Ordinances: Section 34-96, (d), Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Section 110-467, (2), (3), (4), (5), (6), Garages Sales: The noncommercial sale of privately owned items at retail ftorn residential premises, commonly known as a garage sale or yard sale, shall comply with the following: (2) The sale may continue for two periods of not more than three consecutive days each. The two periods of sale shall be separated by a minimum of four non -sale days, and the total sale days shall be completed within 15 consecutive calendar days. (3) Yards shall be cleared of salable items on all non -sale days. (4) Subsequent garage sales conducted on the same premises by the same household are permitted 180 days after the close of the preceding sale. (5) A sign specifying a garage or yard sale may be displayed on the premises of the sale on sale days only. Such sign shall not exceed four square feet in size. (6) The person in charge of the sale shall ensure that automotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. 4. Description of Violation(s) at property: Recommendation(s) to correct the violation(s) described above: so that the pool is not • Please maintain the pool by adding chemicals and running the pump green, or treat the pool with chemicals and cover with an appropriate pool cover. • Cease and desist have the weekly garage sales from your residence. Failure to comply within ten (10) days for all violations other than the frequent garage sales, which need to cease immediately from the date of 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. "_ 9704� 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.myflorida.com/cgpe e-mail: cityofcapecanaveral.org NOTICE OF HEARING C1W Of CAPV CASMVMAL THE CITY OF CAPE CANAVERAL CASE No. 2012-00004 CITY 0 A Florida Municipal Corporation, 1/31/12 Complainant, V. Respondent(s): Marsha K. & Kent C. Howe, P.O. Location of the Violation: 7908 Ridgewood Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 23, 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 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, WIUCH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D ,71) this 31 ,/I i L.�_ u ___';_'_A1exander_, Code tnforcement Officer ree 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 CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 7908 Ridgewood Avenue, Cape Canaveral, FL 32920 Respondent(s): Marsha K. & Kent C Howe CASE NO. 2012-00004 Date: 1/10/12 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 ten (10) 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 DAMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. Property where violation(s) exit(s): 7908 Ridgewood Avenue, Cape Canaveral, Fl, 32920 Name and address of owner(s) of property where violation(s) exist: Marsha K & Kent C Howe 7908 Ridgewood Avenue Cape Canaveral, Fl, 32920 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: d.alexanderAcityofcapecanaveral.org Page 2 2012-00004 • site visit revealed your property is in need of property maintenance. This is a repeat violation. • permit was obtained to repair the balcony; however, the approved final inspection was never obtained. The balcony is still in need of repair. You property has been continually over grown and in need of maintenance. Your property was posted with a "Restricted Use" posting for the rear balcony on 1/23/12. 3. Description of Violation(s) at property: Section 82-221, International Property Maintenance Code 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-108.1, General; When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. IPMC 303.11; Stairways, Decks, Porches, and Balconies; Every exterior stairway, deck, porch and balcony, and all appurtenances attached hereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. City of Cape Canaveral Code of Ordinances; Section 34-122, (a), Public Nuisances Prohibited; All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Section 34-96; Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. 4. Recommendation(s) to correct the violation(s) described above: • Maintain the whole property by mowing on a regular basis. • Remove the weeds from the front of the garage area and parking area. • Remove the dead vegetation from the property. • Repair the dilapidated fencing. • Obtained the required permit to repair the balcony. 7510N 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: d.alexander(d),cityofcapecanaveral.org Page 3 2012-00004 Failure to comply within ten (10) days from receipt of this Notice shall result in ftu-ther 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. D ee 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.myflorida.com/ca-pe e-mail: d.alexanderAcitvofcapecanaveral.org NOTICE OF HEARING cm W CA" CUMVa"L T THE CITY OF CAPE CANAVERAL CASE No. 2012-00005 CITY 01 2/10/12 A Florida Mwunicipal Corporation, Complainant, V. Respondent(s): Tina Stewart Estate Location of the Violation: 201 International Drive, Unit 214, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 23, 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. DAAED this I Oth of Febru. , 012 eA r, Co f 0 0 ZDuree A41exan er, Co e Enforucem4entO icier 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.mvflorida.com/cape e-mail: citVofcapecanaveral.org CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 201 International Drive, Unit 214, Cape Canaveral, FL 32920 Respondent(s): Tina Stewart Estate CASE NO. 2012-00005 Date: 1/31/12 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 ten (10) 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 M4MEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 201 international Drive, Unit 214, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Tina Stewart, Estate 201 International Drive Unit 214 Cape Canaveral, Fl, 32920 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 Page 2 2012-00005 A site visit revealed the condition of your property was insanitary. Staff posted your property with an "Unfit for Human Occupancy" notice on January 27, 2012. 3. Description of Violation(s) at property: Section 82-221, International Property Maintenance Code 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 108.1.3, Structure Unfit for Human Occupancy; A structure is unfit for human occupancy whernever the code official finds that such structure is unsafe, unlawful, or because of the degree to which the structure is in disrepari or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the strucutre constitutes a hazard to the occupants of the structure or to the public. IPMC Section 304.1 General; The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. IPMC Section 306.1 Infestation: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination proper precautions shall be taken to prevent re -infestation. 4. Recommendation(s) to correct the violation(s) described above: • Remove the trash and debris from the interior of the unit. • Maintain the unit in a sanitary condition. Sanitary meaning; free from elements, such as filth or pathogens, such that endanger health. Hygienic or sanitary conditions with reference to cleanliness. • Maintain the unit free from infestation. Failure to comply within ten (10) days from receipt of this Notice shall result in fin-ther action, as outlined in the previous page(s) of this Notice of Violation. 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