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HomeMy WebLinkAboutCEB 5-17-2012Call to Order Roll Call City of Cape Canaveral Building Department/Code Enforcement AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MAY 17, 2012 7:00 P.M. Establish Next Meeting Date: June 21, 2012 NEW BUSINESS: 1. Approval of Meeting Minutes: March22,2012 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 Bridgitte Krause, R.A. PUBLIC HEARINGS: Case No. 11 -00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) — JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A. 2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, 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 Section 34- 96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, Property Owner. 3. Case No. 12-00018 - Violation of Section 34-96(d), Standards Established; Section 34-97(l)(2), Duties and Responsibilities for Maintenance; Section 34- 122(a), Public Nuisances Prohibited; and Section 94-62(a), Abandoned and Hazardous Signs, of the City of Cape Canaveral Code of Ordinances, (8780 N. Atlantic Ave.) — Albino L., Virginia, & Albino J. Teixeira, Property Owners. .7r7'X C 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.org e-mail: info(a-),cityofcqpecanaveral.org W Code Enforcement Board Agenda May 17, 2012 Page 2 4. Case No. 12-00022 - Violation of Section 34-96(d), Standards Established; and Section 34-97(l), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (105 Justamere Ave.) — Donald J. Regan Jr., Property Owners. Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 22, 2012 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 22, 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 Ralph Lotspeich MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on April 19, 2012. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1 . Approval of Meeting Minutes: February 23, 2012. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 23, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2012 Page 2 PUBLIC HEARINGS: Case No. 11-00068 - Violation of Section 34-98, Building Appearance and Maintenance; Section 110-467, Garage Sales; and Section 70-71, En-gagin-q 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. 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 numerous garage sales and failure to obtain a business tax receipt. Officer Alexander stated that the owner has repaired the roof and is in compliance with Section 34-98. Officer Alexander explained that the tenant had applied for a business tax receipt with the City but it was denied due to zoning issues. Officer Alexander further explained that she has documented fifty garage sales since June. John Newton, Property Owner, testified that he received the Notice of Violation in September and completed the roof repairs and stated that he thought the garage sale issue was minor in comparison. Mr. Newton stated that Simon Moustafi, his tenant, would repair things and sell them; however, he explained that he was not aware that the situation was this bad until today. Mr. Newton further stated that he will talk to Mr. Moustafi and ask him to stop having garage sales or vacate the unit. Mr. Newton also stated that he was sure Mr. Moustafi would comply. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; 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 and impose a fine in the amount of one hundred dollars ($100.00) per violation retroactive beginning on September 9, 2011 for a total of fourteen violations. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to amend staff's recommendation and find the Respondent in violation impose a fine in the amount of one hundred dollars ($100.00) for all future recurrence of any violation addressed herein. Vote on the motion carried unanimously. 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. 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 exterior condition of the property. Officer Alexander stated that the property had trash and debris and overgrown grass. She explained that she received numerous complaints regarding this property. Officer Alexander further testified that a site visit today revealed that the property is in compliance. Robert DeMarsh, representative for the Property Owner, testified that the owner did not receive the first Notice of Violation because the mailing address was that of her ex-husband. Mr. DeMarsh stated that the tenants had been evicted and they had cleaned up the property and made the necessary repairs to the unit. Code Enforcement Board Meeting Minutes March 22, 2012 Page 3 Officer Alexander respectfully requested that the Board find the Respondent in 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 to establish the violation. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 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.) Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that all the violations on the property had been resolved and the property is in compliance. She stated that the Respondent has requested a reduction of the lien. Officer Alexander explained that the fines had been running for over a year and the total amount of the lien is ninety-eight thousand two hundred and fifty dollars ($98,250.00). Officer Alexander explained that Staffs consideration for the reduction of the lien included attorney fees, the length of time the property was in violation (14 months), the number of hearings associated with the violation, the fact that it adversely affected the adjoining property owners, and the amount of Staff time involved in the enforcement of the violations. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien to seventy-five thousand dollars ($75,000.00). Tyler Mesmer, of Marshall Watson Law Office (representative for Chase Home Finance), testified that it took two years to address the situation due to the overwhelming number of foreclosure cases and the backlog that it has created. Mr. Mesmer stated that Chase had taken steps to rectify the problems with this property and the adjoining properties and had brought the property into compliance. He further stated that his client (Chase) had authorized him to counter-offer the City recommendation and offer a payment in the amount of fourteen thousand seven hundred thirty-seven dollars and fifty cents ($14,737.50) which is 15% of the original amount of the lien. Mr. Mesmer explained that his client expressed the fact that they are willing to pay this amount today and put this matter behind them so they can sell the property. Mr. Mesmer further explained that his client is willing to take this matter to the Circuit Court of Appeal due to the fact that the Lien is not certified. Mr. Mesmer explained that his client continues to lose money on this property and cannot afford the City's recommended reduction amount. Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and recommend that Council reduce the lien to the amount of seventy-five thousand dollars ($75,000.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2012 Page 4 ADJOURNMENT: There being no further business the meeting adjourned at 8:12 P.M. Approved on this day of 2012. Mary Russell, Chairperson Joy Lombardi, Board Secretary NOTICE OF HEARING 0" CW C TY 0- C ---.7 AM CANAVE"L CITY OF CAPE CANAVERAL CASE No. 2011-00017 ;A Flori�daa Municipal Corporation, DATE: 4/26/12 complainant, V. Respondent(s): Supra Color Enterprises, Inc. C/O Kurt Tezel, R. A. Izzy's Bistro aka BJBK Cape Inc. C/O Brigitte Krause, R. A. Location of the Violation: 6615 N Atlantic Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 Amended Order Imposing Penalty on First 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 V1, 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. D D this 26t of April 0 12 91.4 te, i:6zLXA -1 A-Ir— Duree Alexander / Code Enforcement Officer 75 10 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 - -F I -- iininir nrcy P-mn;]- A City of Cape Canaveral Building Department/Code Enforcement WC"W - CODE ENFORCEMENT BOARD WWL C"T CN"V 77 CITY OF CAPE CANAVERAL, FLORIDA T CITY HE ITY OF CAPE CANAVERAL, Case #11-000 17 A Florida municipal corporation, Complainant, V. Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel Owner of the Property located at: 6615 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC 22 & N 860.25 FT OF S 900.25 FT OF GL -4 IN SEC 23 LYING W OF ST RD 401 EX N 150 FT OF E 200 FT THEREOF & ORB 1215 PG 156,1223 PGS 734 & 736,1234 PG 286 Respondent, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on September 22, 2011 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 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 Case #11-000 17 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 78-128, Change of Use; and Section 78-121, Established, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 19, 2012. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given an additional 60 days (March 19, 2012) to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #11-000 17 DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of January, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russe#, Chairperson Copies furnished to: Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgifte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel, Property Owner City of Cape Canaveral, Case File effy or CAPr CANAVERAL NOTICE OF BEARING TT -1E CITY OF CAPE CANAVERAL CASE No. 2011-00077 A Florida Municipal Corporation, DATE: 5/02/12 Complainant, V. Respondent(s): JWL, LLC C/O Keith A. Bennett� R.A. Location of the Violation: 6103 N Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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. DnDthis2nadda ofMay2001122, Duree Alexander Code Enforcement Officer 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 City of Cape Canaveral Community Development Department NOTICE OF VIOLATION ctry CW CIr CAM CAM7 CITY OF CAPE CANAVERAL Case No. 2011-00077 PA Florida Municipal Corporation, Date: 10/1/11 Complainant, V. Owner(s) of the property located at: 6103 N Atlantic Avenue, Cape Canaveral, FL 32920 Respondent(s): JWL, LLC, C/O Retail Site LLC Florida Community Bank, C/O Fank Coe, Manager 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. I Property where violation(s) exist(s): 6103 N Atlantic Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: JWL, LLC, CIO Retail Site, LLC, Keith A. Bennett, R. A. P.O. Box 411300 Melbourne, FL 32941-1300 Florida Community Bank, Frank Coe, Manager 1701 N Atlantic Avenue, Cocoa Beach, FL 32931 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/cai3c e-mail: cityofcapecanaveral.org Page 2 2011-00077 Our office has investigated complaints regarding the condition of the parking lot located at the back of the property near the dumpsters. Waste Pro is having difficulty in dumping the dumpster. 3. Description of Violation(s) at property: Section 34-97, Duties and Responsibilities for Maintenance: The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (3) Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. (attached photo) 4. RECOMMENDATION(S) to correct the violation(s) described above: * Please repair the parking area. 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. Duree Alexander Code Enforcement Officer NOTICE OF HEARING A,VERAL ation, V. Respondent(s): Lenny Cassanelli, P.O. Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral 32920 CASE No. 2012-00006 DATE: 5/02/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 Statut�s, 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. is 2nd day of May 2012 Duree Alexander Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 CITY OF CAPE CANAVERAL CITY 81, NOTICE OF VIOLATION C"rem"VE". V-1-1 7- --� THE CITY OF CAPE CANAVERAL CASE NO. 2012-00006 A Florida Municipal Corporation, Date: 2/13/12 Complainant, V. Owners of the property located at: 7521 Magnolia Avenue, Cape Canaveral, FL 32920 Respondent(s): Lenny Cassanelli 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 thirty (30) 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): 7521 Magnolia Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Lenny Cassanelli 2228 Hoffner Avenue Orlando, FL 32809 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 Page 2 2012-00006 A site visit revealed the condition of your property is in violation of the following codes. An Unsafe Notice was placed on the structure on 8/7/10. Permit #8063 was obtained and allowed to expire without the approved final inspection for the roof. No permits were obtained for any plumbing, electric or structural renovations for this property. 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. 0 IPMC Section 301.3, Vacant Structures and Land; all vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. 0 IPMC 302.3, Sidewalks and driveways; all sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Section 303.10 and 702.9. 0 IPMC 303.3 Street Numbers; each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. 0 IPMC Section 303.4, Structural Members; all structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 0 IPMC Section 303.6, Exterior Walls; 0 exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 0 IPMC Section 303.7, Roofs and Drainage; the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Section 303.10, Stair and Walking Surfaces; every stair, ramp balcony, porch, deck or other walking surface shall comply with the provisions of Section 702.9. 0 IPMC Section 3031.14; Window, Skylight and Door Frames; every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. IPMC Section, 303.16, Doors; all exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, shall be tightly secure the door. 0 IPMC Section 304.3, Interior Surfaces; all interior surfaces, including windows and doors, shall be maintained in a good, clean and sanitary condition. Pleeling paint, cracked or loose plaster, dcayed wood and other defective surfaces condtitions shall be corrected. 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 Page 3 2012-00006 City of Cape Canaveral Code of Ordinances 0 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. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Standard Unsafe Building Abatement Code (SUBC) 1985 Edition; Section 301.1, General; the building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. 4. Recommendation(s) to correct the violation(s) described above: • In accordance with the Standard Unsafe Building Code, Section 302.1 Content, you have sixty (60) days to repair or demolish the structure. If you choose to demolish the structure you will be required to obtain a permit and the approved final inspection within the sixty (60) day period. • In accordance with the Standard Unsafe Building Code, Section 302.1 Content, if you choose to repair the structure you will be required to obtain the appropriate permits within sixty (60) days and all approved final inspections within six (6) months, for any structural, mechanical, plumbing and electrical work required to bring the structure into a safe condition. • Clean up the property by removing the trash; debris; repair dumpster enclosure; repair all broken windows, doors and door assembly hardware. • Remove all peeling paint and mold from the exterior of the building. • Repair the broken railings, stairs and clear walkways of debris. • You must board up all openings in the structure and secure all doorways to render such structure temporarily safe. • Repair or replace any/all portions of the structure or surrounding structures on this parcel in violation not specifically stated above. *NOTE: This Structure is "Unsafe" and its occupancy has been prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, or making the required repairs, or removing the hazardous condition, or by demolishing the same. Any copies of the Standard Unsafe Building Code will be provided upon request. 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 Page 4 2012-00006 Under the SUBC, Section 302.1, (4), Content; Means of Appeal; any person having any legal interest in the property may appeal the notice by the building official to the Board of Adjustment and Appeals; and that such appeal shall be in writing in the form specified in 401 and shall be filed with the building official within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing. Failure to comply within thirty (30) days from receipt of this Notice shall result in finther 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. 4iuwwree I Xande Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 C"T tw CAM CAKAVERAL NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00018 A Florida Municipal Corporation, DATE: 5/8/12 Complainant, V. Respondent(s): Albino L. Virginia & Albino J. Teixeira Location of the Violation: 8780 N Atlantic Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Boa�d on May 17, 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. D ED this 8th day of Mayy'2012 04ree Alexaner r Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 City of Cape CanaverA Community Development Department NOTICE OF VIOLATION AVERAL ,ion Complainant, V. Owners of the property located at: 8680 N Atlantic Avenue, Cape Canaveral, FL 32920 Respondent(s): Albino L. Virginia & Albino J. Teixeira, CASE NO. 2012-00018 Date: 4/11/12 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 IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 8680 N Atlantic Avenue, Cape Canaveral, Fl, 32920 2. Name and address of owner(s) of property where violation(s) exist: Albino L. Virginia & Albino J. Teixeira 1508 Chickasaw Trail Orlando, FL 32825 75 10 N. Atlantic Aventic Post Office Box 326 - Cape Canaveral, F -L 32920-0326 BUIlding & Code Fnforcemcnt: (321) 868-1222 Planning & Dcvelopment (321) 868-1206 - Fax & Inspection: (321) 868-1247 cmail: ccapecanaveral@&u.com Page 2 2012-00018 A site visit revealed the property is need of exterior property maintenance. 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 buildings nonetheless, both require maintenance in order to retain a good appearance. This property has been cited several times for exterior maintenance. 3. Description of Violation(s) at property: 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 condition, 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 34-97, (1), (2) Duties and Responsibilities for Maintenance; The owner of every single- family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Section 34-122, (a), Public Nuisances Prohibited; 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 94-62, (a), Abandoned and Hazardous Signs; It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the administrator. If the order to remove is not complied with, the administrator may remove the sign, and an assessment lien, on parity with real estate taxes, may be filed against the property for the expense incurred in removal of the sign. Page 3 2012-00018 4. Recommendation(s) to correct the violation(s) described above: Remove the dead vegetation from the property; Remove the trash and debris from the property; Mow the property; to include the rear area of the property; the retention area and all right -of way areas; Remove the weeds from around the structure; Maintain the building by ensuring the structure is free of peeling paint and mildew; Remove or cover all signage advertising any and all businesses, or products, no longer on the property. 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 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. / 4ur e e tA� I Uex Ader Code Enforcement Officer CnT or CAPS: CAkAVVtAL NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Donald J. Regan, Jr. Location of the Violation: 105 Justamere Avenue, Cape Canaveral 32920 CASE No. 2012-00022 DATE: 5/07/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 EXHB31T "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 TTIE 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 TIHE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TTIE APPEAL IS TO BE BASED. DAft- D this 7nd d#y of May 2012 V Duree Alexander Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Lv"Tw nitVnfrnnPrnnnvPrn1 nrcy A — 'ODE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA )TICE OF REPEAT VIOLATION I XM %-A A I %jr 4-IFW Z %-1L11WL V RALA A Florida Municipal Corporation, Complainant� V. Owner(s) of the property located at: 105 Justamere Road, Cape Canaveral, FL 32920 Respondent(s): Donald J. Regan, Jr. Case No. 2012-00022 4/24/12 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 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 WITFHN 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): 105 Justamere Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Donald J. Regan, Jr. 105 Justamere 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 Page 2 2012-00022 Several complaints regarding the condition of your property generated a site inspection. Once again you are in violation of exterior maintenance. This is a repeat violation. 3. Description of Violation(s) at property: Section 34-96 (d), Standards Estabfished; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, materials, or conditions, which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions, which constitute a blighting or deterioration influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect on the neighborhood. Section 34-97, (1), Duties and Responsibilities for Maintenance: The owner of every single- family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. 4. Recommendation(s) to correct the violation(s) described above: • Remove the trash and debris from the property; • Repair the skirting around the structure; • Replace the window screens on the structure; • Repair the dilapidated fencing on the property; • Mow the property on a regular basis; • The structure and surrounding property shall be maintained in safe and sanitary condition. 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 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. Duree Alexander Code Enforcement Officer (3 In, 4n, 41k ro Pv r-cj-t -r C�� 6 Sc)r c -c slw-� 1'5-0 4&_X r t: -- P4 9!.cv1Le—c t -,c( 62� Acy 40 9::- -7 7 CA ce- (C,4 tja t"'If La— LAz�-&� r Igoe r7 kyawl- 6eae4 LW 40 9::- 0 1 w AC 4Z - -6z _37CO