Loading...
HomeMy WebLinkAboutCEB 3-22-2012Call to Order Roll Call City of Cape Canaveral Building Department/Code Enforcement ,n,o- de�'O- Kc. re , -\_ AGENDA die, r'_( CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MARCH 22, 2012 7:00 P.M. Establish Next Meeting Date: April 19, 2012 NEW BUSINESS: LA��5 Approval of Meeting Minutes: February 23, 2012 / 14a LA -- PUBLIC HEARINGS: Case No. 11 -00068 - Violation of Section 34-98, Building Appearance and Maintenance; Section 110-467, Garage Sales; and Section 70-71, Engaging in Business Without Paying Tax or Making Report, of the City of Cape Canaveral Code of Ordinances, (310 W. Central Blvd.) — Gold Group LLC, aka Central Blvd. Warehouses LLC, c/o John E. Newton, R.A. 2. Case No. 11-00080 - Violation of Section 34-96(b)(d), Standards Established; and Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (362 Chandler St.) — Lisa Marie Griggs, Property Owner. OLD BUSINESS: Case No. 08-00127 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304. 1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. (Application for Satisfaction or Release of Code Enforcement Lien.) 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 March 22, 2012 Page 2 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 FEBRUARY 23, 2012 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 23, 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 James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Walter Godfrey 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 March 22, 2012. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 19, 2012. Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of January 19, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 23, 2012 Page 2 PUBLIC HEARINGS: Case No. 11-00011 - Violation of Section 105.1. Permit Required: Section 109.1, Inspections General: Section R303.8, Required Heatingn Section R305.1(3), Minimum Height: Section R309.1, Operatina 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, Guardso 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 CaDe Canaveral Code of Ordinances; Section 110-13(A). Mountin-g. 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. 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 the required permit and inspections. Officer Alexander stated that a site visit revealed that a single family residence was subdivided into four units. She explained that the trusses were cut for a stairway to access the attic space with the addition of a kitchen and bathroom for a living area. Officer Alexander further explained that the garage was also modified into a living unit with a kitchen area and added electrical. Officer Alexander further stated that, following the death of Mr. Kirby, the property was in probate and the family was provided additional time to bring the property into compliance, during which time, they agreed not to rent the property. Geiger Snelgrove, Real Estate Agent, testified that he became involved following the death of Mr. Kirby. Mr. Snelgrove explained that probate held up the forward progress of a pending sale of the property. He requested additional time to comply. Davin Erickson, MJ & D Builders & Barfield Contracting & Associates, testified that he has a permit for the repairs to bring the property into compliance. Mr. Erickson stated that he has completed much of the work but is on hold to complete the repairs of the third floor area because of the pending sale. Officer Alexander respectfully requested that the Board find the Respondent in 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, Opening 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 and impose a fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Discussion followed regarding additional time. Code Enforcement Board Meeting Minutes February 23, 2012 Page 3 Motion by Chairperson Russell, seconded by Mr. Hale, to amend staff's recommendation and find the Respondent in violation and be given 90 days to comply or impose a fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Vote on the motion carried unanimously. 2. Case No. 11-00073 — Violation of Section 97-76(b), TemDorary On -Premise Si-qnL Section 94-82, Awnings, and Canopies: Section 94-99(b), C-1 Low Density Commercial District, C-2 Commercial/Manufacturinq 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. 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 violations are for illegal signage, illegal drainage into the stormwater system and failure to obtain a business tax receipt for the vending machine. Officer Alexander stated that the signage and business tax receipt violation has been brought into compliance; however, he is still has an issue with the drainage of the water from the automatic car wash area. She explained that the water is still running into the stormwater drain. Officer Alexander respectfully requested that the Board find the Respondent in 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 Com mercia I/Man ufactu ring 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 to establish the violations. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 3. 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 Rid-gewood Ave.) — Kendall K. & Kevin L. Thornsley, ETAL. 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 continued garage sales and the condition of the pool. Officer Alexander stated that she has received multiple complaints regarding the frequent garage sales and the condition of the pool. She further stated that she spoke to Kevin Thornsley following a warning citation; however, he stated that he would not comply. Officer Alexander issued a Civil Citation for the garage sales that has not been paid. Officer Alexander explained that she has documented ten (10) garage sales for December, January, and February. Code Enforcement Board Meeting Minutes February 23, 2012 Page 4 Lucille Marino, neighbor to Respondent, stated that the garage sales are now on Saturday and Sunday. Ms. Marino stated that the garage sale customers were parking on the lawns and blocking driveways. She further stated that the excessiveness is getting out of hand. Officer Alexander respectfully requested that the Board find the Respondent in 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 and fine one hundred dollars ($100.00) for each garage sale beyond the first two weekends; for a total of seven hundred dollars ($700.00); and fine one hundred and fifty dollars ($150.00) per day for all other violations existing on the property be imposed retroactively beginning on January 19, 2012 until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the Respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) per garage sale for a total of seven hundred dollars ($700.00); and fine one hundred and fifty dollars ($150.00) per day retroactively beginning on January 19, 2012 for all other violations until found in compliance. Vote on the motion carried unanimously. 4. Case No. 12-00004 - Violation of Section 108.1. General; and Section 303.11, Stairways, Decks, Porches, and Balconies, of the of the International Prope!!Y Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinancess 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. 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 property and balcony. Officer Alexander explained that the property is overgrown and the balcony is in disrepair. She stated that the property was posted "Restricted Use" due to the condition of the balcony and further stated that the sliding glass doors are blocked with a board and there is no one living on the property. Officer Alexander further explained that there was a lien filed against the property on May 27, 2008 and the fine is still running. Officer Alexander respectfully requested that the Board find the Respondent in 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 and impose a fine in the amount of one hundred fifty dollars ($150.00) per day until found in compliance. Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and find the Respondent in violation and impose a fine in the amount of one hundred fifty dollars ($150.00) per day until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 23, 2012 Page 5 5. Case No. 12-00005 - Violation of Section 108.1.3. Structure Unfit for Human Occupancy: Section 304.1. Generaly 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. 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 property. Officer Alexander displayed photographs of the interior of the unit indicating an excessive accumulation of debris and filth and the general unkempt nature of the interior of the unit. Officer Alexander stated that the condominium association contacted her about the condition of the property; however, when she attempted to conduct a site inspection, the occupant, the owner's sister, would not let her in and told her that the owner, Tina Stewart, was in the hospital. Officer Alexander further stated that the condominium association contacted her a second time, indicating that the property was vacated and subsequently allowed her access to the unit. Officer Alexander testified that the property owner was now deceased and the property is in foreclosure. On January 27, 2012 the property was posted "Unfit for Human Occupancy". Officer Alexander respectfully requested that the Board find the Respondent in 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 and impose a fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Motion by Mr. Viens, 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) per day until found in compliance. 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 2012. Mary Russell, Chairperson City of Cape Canaveral CM OF CAM NOTICE OF HEARING rTYOF CAI E CANAVERAL CASE No. 2011-00068 ida Municipal Corporation, 3/09/12 Complainant, V. Respondent(s): Gold Group LLC aka Central Blvd. Warehouses, LLC C/O John E. Newton, R. A. Location of the Violation: 3 10 W Central Blvd., Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 22, 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. DAAD this 9th d,!)�of�4arch, 2012 436-WAIexander, Code Enforcement Ofhc�r- 75 10 N. Atlantic Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1248 www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org City of Cape Canaveral Community Development Department NOTICE OF VIOLATION Ory or CAPr CAN"Vi2AL THE CITY OF CAPE CANAVERAL Case No. 2011-00068 W A 7Florida Municipal Corporation, Date: 9/6/11 Complainant, V. Owner(s) of the property located at: 3 10 W Central Blvd., Cape Canaveral, FL 32920 Respondent(s): Gold Group LLC, aka Central Blvd. Warehouses, LLC C/O John E. Newton, 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. 1. Property where violation(s) exist(s): 3 10 W Central Blvd., Cape Canaveral, FL 3 2920 2. Name and address of owner(s) of property where violation(s) exist: Gold Group LLC aka Central Blvd. Warehouses LLC C/O John E. Newton, R. A. 152 North Harbor City Blvd. Melbourne, Fl, 32935 Gold Group LLC P.O. Box 428 Melbourne, Fl, 32902 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/cal)e e-mail: cityofcapecanaveral.org Page 2 11-00068 Staff has received numerous complaints regarding the number of yard sales being operated from this address. It appears that there are businesses being operated without the required Business Tax Receipt. In addition, a tarp has been covering a portion of the structure located on the West side of the property. Please obtain a permit to repair the structure. I Description of Violation(s) at property: 34-98, Building Appearance and Maintenance: (6), All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Sec. 110-467, Garage Sales: The noncommercial sale of privately owned items at retail from residential premises, commonly know as a garage sale or yard sale, shall comply with the following: (1) Hours of sale shall be restricted to daylight hours. (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. Sec. 70-71, Engaging in Business Without Paying Tax or Making Report: It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the local business tax required by this article in the manner provided in this article or to fail to make any reports to the business license official as required or to violate any other section of this article. Sec. 70-75, Penalty for Failure to Renew or Obtain Receipt. (a) Any person who engages in or manages any business, occupation or profession without first obtaining a receipt required under this article is subject to the penalty stated in F.S. § 205-053(2), or any successor statute. (b) Any person who engages in any business, occupation or profession covered by this article who does not pay the required local business tax within 150 days after the initial notice of tax due and who does not obtain the required local business tax receipt is subject to the civil action, penalties, costs and attorneys' fees provided in F.S. § 205.053(3), or any successor statute. Page 3 11-00068 4. Recommendation(s) to correct the violation(s) described above: Obtain a permit and the approved final inspection for the damaged roof to be repaired. Immediately stop the continued garage sales from this address. All tenants operating any type of business must obtain a business tax receipt from the City of Cape Canaveral. 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 of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. axe4 Aolva— Duree Alexander Code Enforcement Officer Enclosure: Photos List of Businesses licensed for this address i 5,- ':"r'jqX.c- NOTICE OF HEARING r IWOF CANAVERAL THE CITY OF CAPE CANAVERAL CASE No. 2011-00080 AFlorida Municipal Corporation, 3/09/12 Complainant, V. Respondent(s): Lisa Marie Griggs Location of the Violation: 362 Chandler Street, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 22, 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. Dt ds 9th of March, 201 Duree Alexander, Code"Enforcement Officer My of CM% CAMWR" City of Cape Canaveral NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 362 Chandler Street, Cape Canaveral, FL 32920 Respondent(s): Lisa Marie Griggs, P.O. CASE NO. 2011-00080 Date: 10/11/11 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): 362 Chandler Street, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Lisa Marie Griggs 235 E. Merritt Island Causeway Merritt Island, FL 32952 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 Page 2 2011-00080 Our office received a complaint regarding the condition of your property and a site visit revealed the exterior front of the property in poor condition. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do building(s); nonetheless both require maintenance in order to retain a good appearance. 3. Description of Violation(s) at property: Section 34-96, (b), (d), Standards Established; (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. (d) 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. Section 34-122, Public Nuisances Prohibited; (a) All grass areas and yards on improved property shall be property 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 sic inches in height. 4. Recommendation(s) to correct the violation(s) described above: • Maintain the yard by mowing on a regular basis. • Remove all trash and debris from the property. • Maintain the exterior of the property in a clean and sanitary manner. 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. 4Duree tleVx_ der 4��4a_ Code Enforcement Officer From:Cape Canaveral Com Dev 321 868 1247 01/25/2012 09:45 #091 P.002/003 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE cu)a-�- APPLICATION FEE: S loo QQ k741A. APPLICANT: C'65 -c- 9W0Ah'V0 LLC DATE: ADDRESS:C/o Law pE6Ce, r)f /)iqrsWj c, iAj,+-%o P4 /qc)l w--�Ypro�-'� 61W4 AY4- I — CITY: t— I - L- a(/ NATURE OF VIOLATION(S): Gto!S fA-4-e —7 STATE: ZIP: S - 33-�oq VV-) bevs ADDRESS OF SUBJECT PROPERTY: 0 LY0 C--KbtOV Cgzva vo-w DATE FINEILIEN IMPOSED:... AMOUNT: —�—u � a--50�-V /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION /��Circle one) IF REDUCTION, THE APPLICANT PROPOSES$9iZ�6 I&AQS TEE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS (If more space is needed add additional pages) TION SHOULD BE GRANTED: TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: A/X-� (If more space is needed add additional pages) V/, N 0 '1 � ire -- It M /'�a TEE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING TTEE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: Of more space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO TIM REQUEST, INCLUDING BUT NOT LD41TED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Applicant s Signatu& "fwej rvr izvww- C�w tt�Ar 1-Q(.Aj0w&f C1F/M1A-f/1CCVa-(S-0k-1 Date: a —9 0 W tL-C N Mt-(7kell -7-7 Dqc-:�-o From:Cape Canaveral Com Dev 321 868 1247 01/25/2012 09:46 #091 P.003/003 STATE OF Ike< IiA COUNTY OF &�A j), . , jg,� — t4EFORE SNE the undersigned authority did per�onally appear 0'4u�) who provided ti c as identification, and who after being place under oath, swore or affirmed the informati contaig%WjP,,n this application is true and correct, NZC 0 =Cq. T- - Notary vzlic 0 ';Z; Z . �t- = Jean cammelled `5 FOR STAFF USE ONLY APPLICATION FEE: S RECEIVED BY CITY ON COMPLIANCE CONFIRM[ED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECONDAENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; _ APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION - CONDITIONS AND PAYM(ENT OF REDUCED FINE TO BE M[ET WITIRN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE A City of Cape Canaveral Community Development Department an CW ""WER" CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00127 A Florida municipal corporation, Complainant, V. Chase Home Finance, LLC, c/o David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems Owner of the Property located at: 8740 Croton Ct. Cape Canaveral, FL 32920 CFN 2010017722, OR BK 6105 PAGE 793, Recorded 02101f2010 at 11,02 AM, Scott 8fis, Clerk of LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Courts, Brevard County Respondent, # Pgs:3 AMENDED 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 November 19, 2009 and December 17, 2009 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. Findings of Fact and -Conclusions of Le Based upon the evidence and testimony presented at the hearings, the Code Enforcement Board finds: I . 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 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 75 10 N. Atlantic Avenue * Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 * Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com Case #08-00127 3. That Respondent 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 not present at the hearing held on November 19, 2009; 4. That based on the testimony and evidence presented at the November 19, 2009 hearing, Respondent was found to have violated the City Code, to wit: Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That at the conclusion of the November 19, 2009 hearing, the Code Enforcement Board entered an Order Imposing Penalty on First Violation ("Board Order"), giving Respondent until December 17, 2009 to correct the violations on the Property and providing that if Respondent failed to correct the violations within said time period, that a fine of $250.00 per day would be immediately entered and would be retroactively imposed starting on November 19, 2009. 6. That the Code Enforcement Board held a duly noticed Compliance Hearing on December 17, 2009 and that Respondent was not present at the hearing. 7. That Respondent has failed to correct the violations existing on the Property within the time period set forth in the Board Order. 8. That immediate repair of the roof is required in order to prevent further damage to the Property and to adjacent properties and such repair should take precedence over all other repairs necessary to correct the violations. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: I . That because Respondent did not correct the violations of the City Code found by the Code Enforcement Board to exist on the Property by December 17, 2009, as required by the Board Order, a fine of $250.00 per day will be immediately entered, which fine shall be retroactively imposed beginning on November 19, 2009, and which shall accrue each day until the violations are 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; and 2. That 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; 3. 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 necessa'rily 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. Case #08-00127 4. 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 17th day of December, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA A Mary Rus 11, Chairperson 9&�L Copies furnished to: Chase Home Finance, LLC, cto David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Amended Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this / V day of pca , 2009. ,:; �-, - � -Zl� Joy fdrnbardi, Board Secretary Ouree Alexander, Code Enforcement Officer CENTRAL BLVD. WAREHOUSES NOTICE TO ALL TENANTS March 22, 2012 This notice is to inform you that we are selecting the following dates as the ONLY APPROVED DATES for Garage Sales for the upcoming year: 2012 SEPTEMBER 7,8,9 Friday, Saturday, Sunday 2012 SEPTEMBER 14,15, 16 Friday, Saturday, Sunday 2013 MARCH 8,9, 10 Friday, Saturday, Sunday MARCH 15, 16, 17 Friday, Saturday, Sunday 2013 SEPTEMBER 6, 7, 8 Friday, Saturday, Sunday SEPTEMBER 13,14,15 Friday, Saturday, Sunday In order to remain in compliance with The City of Cape Canaveral, any Garage Sales (or sales outside the units) may only occur on two weekends, every 6 months. The dates above are those approved for the remainder of 2012 and all of 2013. NOTE: Any Garage Sales (or outdoor sales) on dates other than those approved will be in violation of your lease. CC) �710 ,e7 fy� 67 - 27 -r-'n Co- Ck 'dp/ 4�tko,.4 —e j, APO a, ���'d� Vic: �--- CYs� !/C ��� � l� � C��-E' : G'�'-. d � f �G �, I Ij Li 4JA 1,