HomeMy WebLinkAboutCEB 6-21-2015Call to Order
Roll Call
City of Cape Canaveral
Building Department/Code Enforcement
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JUNE 21, 201_�
6:00 P.M.
Establish Next Meeting Date: July 19, 2012
NEW BUSINESS:
1. Approval of Meeting Minutes: May 17, 2012
COMPLIANCE HEARINGS:
Case No. 11-00011 - 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.
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.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.or e-mail: info gcityofcqpecanaveral. org
I
Code Enforcement Board
Agenda
June 21, 2012
Page 2
PUBLIC HEARINGS:
Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31,
of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards
Established; Section 34-98(6) Building Appearance and Maintenance; Section
78-27, Connection with Sewer Required; Section 78-128, Change of Use;
Section 110-292, Principal Uses and Structures; Section 110-296, Area and
Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of
Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles;
and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as
adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances,
(350 Monroe Ave. Unit 5) — Antonio Romano, Property Owner.
2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4,
Structural Members; Section 303.7, Roofs and Drainage, 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, 203, 205
Jefferson Ave.) — Dolores G. Nagel, Property Owner.
3. Citation No. 0044 — Violation of Section 82-375, Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances; and
Florida Statutes Section 489.132(l), Prohibited Acts by Unlicensed Principals,
(405 Adams Ave. Unit 5) — James R. & Nancy Deen.
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
MAY 17, 2012
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on May 17, 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
Walter Godfrey
Lynn Mars
Ralph Lotspeich
MEMBERS ABSENT
Karen Hartley
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Todd Morley
Glenn Pereno
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Building Official
Plans Examiner/Inspector
Assistant City Attorney
The Board members established that the next meeting would be held on June 21, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: February 23, 2012.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of March 22, 2012,
as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 17, 2012
Page 2
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 Brigitte 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. Officer Alexander stated that the Respondent has
agreed to reduce the seats in the restaurant from the current 150 to 75; this will bring her into
compliance with the previous parking issue; however, research revealed that only 25 seats have
been paid. Therefore, the Respondent still owes the impact fees on the remaining seats and
stools. The total amount due is twelve thousand and twenty-nine dollars and fifty-eight cents
($12,029.58). Officer Alexander further stated that the Respondent has the option to request a
payment plan from the City Council.
Brigitte Krause, business owner, testified that she purchased the business in September 2007
and was under the impression that the 75 seats that existed had been paid, She stated that the
City appeared to be under the same assumption because this new information just came up four
weeks ago when she agreed to reduce her seats from 150 back to 75. Ms. Krause further
stated that the previous orders from the City stated that she owed the impact fees on seats from
76-175; therefore, she assumed that reducing her seats would bring the property into full
compliance.
Kurt Tezel, Property Owner, testified that there were several restaurants before Izzy's Bistro and
he believed that he had receipts that verified 54 seats had been paid. He stated that he would
bring his records to the City for verification.
Todd Morley, Building Official, explained that a previous owner may have illegally added 50
seats then, years later, Izzy's Bistro started with 75 seats.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
and amend Code Enforcement Board Order to be retroactive beginning on September 22, 2011
and give the Respondent until August 23, 2012 to come into compliance by obtaining an
approved payment plan from City Council and reduce the current number of seats to 75; 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 until August 23, 2012 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 retroactively beginning on September 22, 2011,
until found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 17, 2012
Page 3
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.
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
maintenance of the parking lot.
Officer Alexander stated that the Respondent sent an e-mail that explained that he would be out
of the State and would not be able to attend the meeting; however, Mr. Bennett further stated
that he found a solution for the repairs and would make arrangements for the repairs when he
returned.
Officer Alexander respectfully requested that the Board find the Respondent violation of Section
34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of
Ordinances and give the Respondent until June 21, 2012 to come into compliance or impose a
fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars
($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and be given until June 21, 2012 to come into compliance or impose a
fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars
($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously.
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.
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 structure. Officer Alexander addressed the Board and stated she felt that some
of the testimony they may hear form Respondent could be that he feels that the reason he is in
the predicament he is in is due to alleged conversations that he has had with her and holds her
responsible for the reason that he is at the point that he is. Officer Alexander stated to the
Board that she would never tell anyone that they could perform work without a permit, when a
permit is required for such work.
Code Enforcement Board
Meeting Minutes
May 17, 2012
Page 4
Lenny Cassanelli, Property Owner, testified that he purchased the property one year ago and
that the property was in very bad condition. Mr. Cassanelli stated that prior to the purchase he
was informed by Duree Alexander that he could pull an owner/builder permit and he was under
the impression that he would be able to complete most of the repairs himself. Following the
purchase, Mr. Cassanelli explained that he found out that since it was a multi -unit structure, he
had to hire a contractor. Mr. Cassanelli further explained that he hired a roofing contractor but
the contractor never called for a final inspection and the permit expired. He stated that the
structure is secure and the broken doors and windows have been boarded up.
Mr. Cassanelli requested that the Board not impose a fine because the property has become a
financial burden and he could not afford any more. He explained that he has an application in
the Building Department for a permit for the repairs.
Glenn Pereno, Plans Examiner/inspector, testified that Mr. Cassanelli needs to submit a
complete scope of work that addresses all work items, including the structural, electrical and
plumbing repairs that are needed on the property.
Officer Alexander respectfully requested that the Board find the Respondent 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), and give the Respondent until June 21, 2012 to come into
compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first
day and one hundred dollars ($100.00) per day thereafter retroactively beginning on May 17,
2012 until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and be given until June 21, 2012 to come into compliance or 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 retroactively beginning on May 17, 2012, until found in compliance.
Vote on the motion carried unanimously.
3. Case No. 12-00018 - Violation of Section 34-96(d), Standards Established: Section 34-
970)(2), Duties and Responsibilities for Maintenance; Section 34-122(a), Public
Nuisances Prohibited* and Section 94-62(a), Abandoned and Hazardous Siqns, of the
City of Cape Canaveral Code of Ordinances, (8780 N. Atlantic Ave.) — Albino L., Virginia
& Albino J. Teixeira, Propertv Owners.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
May 17, 2012
Page 5
4. Case No. 12-00022 - Violation of Section 34-96(d), Standards Establishedo and Section
34-970). Duties and Responsibilities for Maintenance, of the City of Cape Canaveral
Code of Ordinances, (105 Justamere Ave.) — Donald J. Regan Jr., 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 exterior of the property. Officer Alexander stated that this is repeat violation.
Truman Jones, Manager of Carver's Cove, testified that the trailer park has visitors from all over
the world and the condition of the Respondent's property is an embarrassment for the Park. Mr.
Jones stated that some folks have requested to be relocated away from the Respondent's lot.
Officer Alexander respectfully requested that the Board find the Respondent as a repeat violator
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, and impose a fine in the
amount of five hundred dollars ($500.00) per day until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staffs recommendation and find the
Respondent as a repeat violator and impose a fine in the amount of five hundred dollars
($500.00). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:26 P.M.
Approved on this day of 2012.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
'A
NOTICE OF HEARING
ciry 04r,
CA" CANA�RAL
THE CITY OF CAPE CANAVERAL CASE No. 2011 -00011
A Florida Municipal Corporation, DATE: 5/22/12
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 June 21,
2012, at 6:00 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 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
this 22th da
'y
Duree Alexander, Code Enforcement Officer
City of Cape Canaveral
Building Department/Code Enforcement
F�r CODE ENFORCEMENT BOARD
C"Ver
CA" CA"VMML CITY OF CAPE CANAVERAL, FLORIDA
L
THE CITY OF CAPE CANAVERAL, Case #11 -000 11
A Florida municipal corporation,
Complainant,
V.
Christopher Robin Kirby & Marcheta Kirby Kern, ETAL
Owner of the Property located at:
360 Monroe Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOT 16 BLK 21 EXC ORB 4492 PG 1593 PLAT BOOK 0003 PAGE 0007
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on February 23, 2012 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 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 Code, exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
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
Case #11-00011
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 had a representative present at the
hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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 Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
Respondent be given 90 days to correct any violation of the City Code on the
Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of two hundred and fifty dollars ($250.00) per day 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.
Case #11-00011
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162-09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of February, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
26��4 �?�
Mary Russ -('I, Cha-irpe-rson
U
Copies furnished to:
Christopher Robin Kirby & Marcheta Kirby Kern, ETAL
City of Cape Canaveral, Case File
NOTICE OF HEARING
Ic"ITY
CAPF CANAVIMAL
i7CITY 07F CAPE CANAVERAL CASE No. 2012-00006
A Florida Municipal Corporation, DATE: 6/07/12
Complainant,
V.
Respondent(s):
Lenny Cassanelli
Location of the Violation:
7521 Magnolia Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 2 1,
2012, at 6:00 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 Order Imposing Penalty
on Firs 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.
DA 7th Aay, of June, 2012
Duree Alexander, C�de 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/cape e-mail:d.alexanderAcityofcapecanaveral.org
C" ap
CAft CA"VSML
City of Cape Canaveral
Building Department/Code Enforcement
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Lenny Cassanelli
Owner of the Property located at:
7521 Magnolia Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOT 15 EX N 50FT & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007
Respondent,
Case #12-00006
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 May 17, 2012 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 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), exist or existed upon
the Property and Respondent was further provided a reasonable time to correct said violation;
75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.or e-mail: info gcityofcqpecanaveral. org
Case #12-00006
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;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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);
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until June 21, 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 two hundred and fifty dollars ($250.00) 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; Any fine imposed pursuant to
this paragraph shall be retroactively imposed beginning on May 17, 2012.
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.
Case # 12-00006
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 Capd
Canaveral Code, Chapter 2, Article V1.
DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of May, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
.11, Chairperson
Copies furnished to:
Lenny Cassanelli
City of Cape Canaveral, Case File
arvw
VEUL
CWV CJUA�� NOTICE OF HEARING
V-7
THE CITY OF CAPE CANAVERAL CASE No. 2012-00003
A Florida Municipal Corporation, DATE: 6/07/12
Complainant,
V.
Respondent(s):
Antonio Romano, P.O.
Location of the Violation:
350 Monroe Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21,
2012, at 6:00 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,
V49CH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DA7VD this 7th day of June 2012
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 MVfl0TjCj,9 e,_Mqjl-(jqle.xsnde.rna citvnfenneemnaveml nro,
CITY OF CAPE CANAVERAL
NOTICE OF VIOLATION
CM 01,
C"E CA"veUt
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
350 Monroe Avenue, Cape Canaveral, FL 32920
Respondent(s):
Antonio Romano, P.O.
CASE NO. 2012-00003
Date: 2/10/12
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 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 DAMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
350 Monroe Avenue, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Antonio Romano
7900 S Orange Blossom Trail,
Orlando, FL 32809
7510 N Atlantic Avenue — P.O. Box 326 — Cave Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org
Page 2
2012-00003
A site revealed the following issues with the property located at 3 5 0 Monroe Avenue.
A records search revealed no sewer impact fees have been paid for the additional units.
3. Description of Violation(s) at property: Section 82-3 1, Florida Building Code Adopted:
FLBC 105: 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.
Citv of CaDe 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. Lawns, landscaping,
driveways and fences shall be maintained so as not to constitute a blighting or deteriorating
effect in the neighborhood.
Section 34-98, (6): Building Appearance and Maintenance: All roofs shall have a suitable
covering free of holes, cracks, excessive wear, missing shingles or tiles.
Section 78-27: Connection with Sewer -Required: The owner of each lot or parcel of land within
the City upon which lot or parcel of land any building or trailer used as a dwelling is situated for
either residential, commercial or industrial use shall connect or cause such building or trailer to
be connected with the public sewer facilities of the municipal sewer system of the City and use
such facilities within 365 days following notification to do so by the City. All such connections
shall be made in accordance with rules and regulations which shall be adopted from time to time
by the City Council, which rules and regulations shall provide for an inspection fee for
inspecting such connections as stated in appendix B to this code.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cai)e e-mail: cityofcapecanaveral.org
Page 3
2012-00003
Section 78-128: Change of Use: Any structure or use of structure which is modified such that the sewer
impact assessment is greater than the amount for which the initial impact fee was computed, the owner
shall be assessed additional impact fees in accordance with section 78-12 1. For any change of use which
increases the original impact fee for which the building was constructed, the owner will be assessed
additional impact fees in accordance with section 78-12 1. For any change of similar use which increases
the number of units (per seat, per worker, per square feet of floor space, etc.) within the establishment, the
owner will be assessed impact fees only on the additional number of units proposed to be constructed, in
accordance with section 78-121.
Section 110-292: Principal Uses and Structures: In 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; or
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre.
Section 110-296: Area and Dimension: In the R-2 medium density residential district the
following area and dimensions shall be required.
(1) Minimum lot area shall be as follows: (a) One- and two-family, 7,500 square feet.
(b)Multiple-family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as follows: (a) One -family, 1, 100 square feet per
dwelling unit. (b) Two-family, 750 square feet per dwelling unit. (c) Multiple family, as follows:
1. Efficiency, 450 square feet per dwelling unit.
2. One bedroom, 650 square feet per dwelling unit.
3. Two bedrooms, additional bedrooms, 750 square feet per dwelling unit (plus 200 square feet
for each additional bedroom).
(6) Maximum height shall not exceed 25 feet.
(7) Maximum length or width of a structure shall not exceed 185 feet.
Section 110-468: Accessory Structure: No accessory structure shall be erected in any front yard,
and the accessory structure shall not cover more than 30 percent of any required rear setback. No
separate accessory structures shall be erected within ten feet of any building on the same lot or
within five feet of any lot line. An accessory structure shall not exceed 24 feet in height.
However, a lot with a one- or two-family residence only may have one additional accessory
structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if
detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new
construction an accessory building may not be constructed prior to the construction of the main
building. No accessory building shall be used for any home occupation or business or for
permanent living quarters; it shall contain no kitchen or cooking facilities. It is not to be rented or
otherwise used as a separate dwelling.
75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.mvflorida.com/cave e-mail: cityofcapecanaveral.org
Page 4
2012-00003
Section 110-491: Number of Spaces Required: There shall be provided at the time of the erection
or change of use of any main building or structure or at the time any main building or structure is
enlarged or increased in capacity, by adding dwelling units, guestroorns, floor area or seats,
minimum off-street automobile parking space with adequate provisions for ingress or egress in
accordance with the following: (11) Residential uses, including single-family, two-family and
multiple -family dwellings and mobile homes. Two spaces for each living unit.
Section 110-551, (a), (2), (b): Location of Recreational Vehicles: No person shall occupy or
reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in
any location within the city other than a duly licensed and approved trailer park, except as
provided in this section: (b) In all zoning classifications, no boats, utility trailers, recreational vehicles
or special purpose vehicles shall be parked any closer than three feet from the exterior of all buildings,
homes or other structures, including eaves and overhangs.
Section 38-26: Florida Fire Prevention Code Adopted (FFPQ: The Florida Fire Prevention Code
and the life safety code adopted by the state fire marshal, Florida Statute 633.025 (1), Minimum
fire safety standards, is adopted by reference as though it were copied in this article in full.
FFPC Section 31. 3.4.5.1: Smoke Alarms: In buildings other than those equipped throughout
with an existing, complete automatic smoke detection system, smoke alarms shall be installed in
accordance with 9.6.2. 10.
4. Recommendation(s) to correct the violation(s) described above:
Obtain the required electric, plumbing and sewage connection permits for all work
done without the required permits and approved inspections.
Repair or replace all portions of the deteriorated fencing on the property.
Remove all trash and debris from the property.
Repair or replace A deteriorated portions of the roof. Note: Any roof repairs over
100 sq. ft. requires a permit and the approved final inspection.
Repair the sewer drain, which is dumping into the large hole located at the back of the
building.
Pay the additional sewer impact fees for all units that that have been added without
the required permits and approved inspections.
You must bring the property into compliance with the density requirements for all the
units.
You may not allow anyone to occupy the storage units, nor may they contain cooking
facilities of any type.
You must meet all parking requirements for all units.
Remove or relocate to the RV to meet the requirements of Section 110-5 5 1, as stated
above.
All units must have working smoke alarms.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
Www.myflorida.com/cave e-mail: cityofcapecanaveral.org
Page 5
2012-00003
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.
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/cape e-mail: cityofcapecanaveral.oriz
."y or
Co"CA"Wl"L NOTICE OF HEARING
LVCITY OF CAPE CANAVERAL CASE No. 2012-00012
A Florida Municipal Corporation, DATE: 6/08/12
Complainant,
V.
Respondent(s):
Dolores G. Nagel, P.O
Location of the Violation:
201,203,205 Jefferson Avenue, Cape Canaveral 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21,
2012 at 6:00 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.
D D is 8tXhof June 2012
-ffuree 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/cat)e e-mail:d.alexander(&,citvofcaDecanaveral.org
Wry OF
CAPE CANAVERAL
City of Cape Canaveral
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2012-000012
A Florida Municipal Corporation, Date: 3/20/12
Complainant,
V.
Owners of the property located at:
201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920
Respondent(s):
Dolores G. Nagel, P.O.
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 CORRECTTED 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):
201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Dolores G. Nagel
22 10 N Harrison Road
East Lansing, MI 48823
75 10 N. Atlantic Avenue - Post Office Box 326 9 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
Page 2
2012-00012
Your property appears to have a roof issue as a tarp has been covering the roof for several
months. Upon speaking with you several months ago you assured me that a roof permit would be
obtained and the roof would be repaired or placed. To date no permit has been applied for and
the tarp is still covering the roof
Description of Violation(s) at property: Section 82-22 1, The International Property
Maintenance Code, (IPMC) 1998 edition, as published by the International Code Council, is
hereby adopted by reference and incorporated herein as if fully set out.
IMPC Section 303.1, General; The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
IMPC 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.
IMPC 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.
3. Recommendation(s) to correct the violation(s) described above:
• Obtain a permit to replace and/or repair the roof.
• Obtain the required approved final inspection.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in ftirther
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.
&ureU der
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.mvflorida.com/cape e-mail: cityofcapecanaveral.org
a" or -7
C"V CAI"VF*AL CITY OF CAPE CANAVERAL
NOTICE OF HEARING
RTIE CITY OF CAPE CANAVERAL CASE No. 2012-00026
A Florida Municipal Corporation, DATE: 5/18/12
Complainant,
V.
Respondent(s):
James R. & Nancy R. Deen
Location of the Violation:
405 Adams Avenue, Unit #5, Cape Canaveral 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012 at
6:00 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 Construction Citation # 0044, that is attached
as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to
Section 162.07, and Section 489, of the Florida Statute; Section 82-375 et, seq., 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.
7D this 18th day of ay 20
'y
2
/e/7
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:d.alexanderAcityofcapecanaveral.org
May 14.2012
Cape Canavan! City Manager
105 Polk Ave.
Cape Canaveral, Fl. 32920
Dear City Manager,
I am requesting an administrative hearing bcfbre the Cities Code Enfbrcement Board to appeal the Citation
# 0044 that was issued to me on May 90 2012.
I had to instaU an air conditioner under emergency circurnsuinces . I have an elderly parent with health
problems that fives at this address and had to immediately fix the air conditioner .
Kind Regards,
Jim Deen
PhoneNumber (407)252-3903
CDNSMUC7ION CONTRACrOltaTATION allATION NO-- 0044
ISSUING MOM
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MOM TO VlOJAIOR
This atitims is issued pumiant to to I 82-37S at sq.,.Cty of Cape Canaveral Code and Chapter 40, R& Stot
Any peirsin who is issued and t6celves this Citation shall immedM* cease the act for which the Citation was
issued. Upon recelpt of this Citation, the violator slialt coose and deft from the ad for which this ClUdw has
been issued and etect dkLtv.
(1) Within ten (10) days of mceipt of this Citation, not including weekeeds and legat houdays, pay to the Crej
of Cape Cumveml, the ( +A perialty stated abov& Ftyuwnt most be made in U -S. Funds and nay be made by ash
(do not mall. cosh), check, or money order made pay" to the Chy of Cape CoroveaL Attentlow. Chy PAuger, at
20S FbIk Aveaft Cape Canaveral. FL 32920. You must Include a copy of this Citation with your payment;
99
(2) WM& (10) dip of woolpt of lhis Citation, not intluding weekends and legal. WWar-k ropest an ada"ftdive
are P the Ws Code Erdomement, Board! to appeal. the isstence of this Citation in accordance with the
p, is 31 pWX&M set fW& in the Cape UmvoA Code. Ali uv -h requests for a hearing shal be made in writing to
the Cape QWj" CV4 ftnager at 10S FbIk Aveme, cap unmmL Rorlda 32M Fahne to wpost siKk a
writing within the ten (10) day time period sball. constitift a walver of the violator's right to a
waiver dud be anil I i of the viclation and the penaltiosimposed asset forth In this ObWon. Iftbe We
bvibmemetit Boind finds that a violation exbts� the Code &*moment Bond may order the vlotator to pay a civil.
penalty of not Lm than the ansount set fluft on this Citation b9A no mom than $1,000.00 per day for each Motion.
Ue above mmedies = not exckWw
Any unlicensed person violating z§ions 489 127 or 489 132 cmmb a misdemeanor of the first degree Ww fhst
A - -1 . Any gidicansed person, having prAoudy boo lbund guft ofvbWng subsm*n 489.127(l) r m 11 a M&W
of ihel-finl don %von, the - p � I oflonse. Any WOOMW Person who comuft a Vibb.6011 Of 489.U7(l)
during the existence of al i6ft *6f emergency declared by execWM order of the Governor, commlb a
fWMW of the third dogw, pwddWb as provided In 1775.082 or 177S.083, Rorlda SbbftL
Voiff sigualive how does ad constibito an admission of Vft however, wWAd vehad to sip and accept this
Citation is a second degree mb+-meanor Iumisliable by a fine of SSOO-00 and/or Go days in JA as pavided by
1775.= or 1775.083. N&4bL,'
SW&M Of Date:
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