HomeMy WebLinkAboutCEB 7-19-2012Call to Order
Roll Call
_'..ity of Cape Canaveral
Building Department/Code Enforcement
AGENDA
-=E ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JULY 19, 2012
6:00 P.M.
Establish Next Meeting Date: August 23, 2012
NEW BUSINESS:
1. Approval of Meeting Minutes: June 21, 2012
COMPLIANCE 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.
PUBLIC HEARINGS:
Case No. 12-00020 - Violation of Section 105. 1, Permit Required; Section 110. 1,
General Inspections, of the Florida Building Code, as adopted by Section 82-31,
of the City of Cape Canaveral Code of Ordinances, (226 Canaveral Beach Blvd.)
- Richard Price Sr., Property Owner.
2. Case No. 12-00029 - Violation of Section 14-55(a)(1-4), New Development;
Section 14-56(l)(2), Existing Development, of the City of Cape Canaveral Code
of Ordinances, (514 Jackson Ave.) - Gary J. Patrick, Property Owner. g,-(
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.
75 10 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www.cityofcqpecanayeral.or e-mail: info@,cityofcq
pecanaveral.org
X1
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JUNE 21, 2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on June 21, 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 6:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell
Raymond Viens
James Hale
Karen Hartley
Walter Godfrey
Lynn Mars
Ralph Lotspeich
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 July 19, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: May 17, 2012.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of May 17, 2012,
as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 21, 2012
Page 2
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
Heights 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
R312.11, Guards: Section R502.1.3.3, Alterations to Trussess Section R311.5.6.1,
Handrail Heights 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 Ordinancesm 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.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that a permit was obtained
and the contractor has made substantial progress on reaching compliance. Officer Alexander
stated that the inspection for the truss repairs was approved and the final inspection would be
performed within a few weeks.
Officer Alexander stated that she received a written request from the Respondent asking for
additional time to bring the property into compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
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, and be given until July 19, 2012 to come into
compliance or impose a fine in the amount of two hundred fifty dollars ($250.00) per day until
found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staffs recommendation and find the
Respondent in violation and be given until July 19, 2012 to come into compliance or impose a
fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Vote
on the motion carried unanimously.
2. Case No. 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
Code Enforcement Board
Meeting Minutes
June 21, 2012
Page 3
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 stated that Staff has met with the property owner
and the contractor to discuss the Code Enforcement issues. Officer Alexander further stated
that a permit application had been submitted and the plans are currently under review.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
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 September 20, 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. Godfrey, to accept Staff's recommendation and find the
respondent in violation and be given until September 20, 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.
PUBLIC HEARINGS:
Case No. 12-00003 - Violation of Section 105.1. Permit Required: Section 109j,
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, PrinCiDal Uses and
Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory
Structure; Section 110-491, Number of Spaces Requiredm Section 110-551(a)(2)(b),
Location of Recreational Vehicless 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.
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 explained that the Respondent, Mr. Romano,
purchased this property with the current violations.
Code Enforcement Board
Meeting Minutes
June 21, 2012
Page 4
Mr. Romano, property owner, testified that he has hired a contractor and is working on 330
Monroe Avenue; following the completion of the repairs on 330 Monroe Ave., he will begin work
on 350 Monroe Avenue. Mr. Romano stated that he has submitted the plans for the repairs to
350 Monroe Avenue to the City for review. Mr. Romano explained that he would need more
time to complete the work. Mr. Romano further stated that no one is living there.
Officer Alexander respectfully requested that the Board find the Respondent in 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, and give the Respondent until September 20, 2012 to come into compliance or
impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one
hundred dollars ($100-00) per day thereafter retroactively beginning on June 21, 2012 until
found in compliance.
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the
respondent in violation and be given until September 20, 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 June 21, 2012, until
found in compliance. Vote on the motion carried unanimously.
2. Case No. 12-00012 - Violation of Section 303.1. General; Section 303.4. Structural
�Aembers: Section 303.7, Roofs and Drainage, 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.
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 roof. Officer Alexander stated that, following a Notice of Violation, the
Respondent obtained a re -roof permit for the repairs. Officer Alexander further stated that, after
a few months, a tenant called and reported that the work had stopped with only a portion of the
repairs completed. Officer Alexander explained that the permit is still current.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and
Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until
September 20, 2012 to come into compliance or impose a fine in the amount of one hundred
and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter
retroactively beginning on June 21, 2012 until found in compliance.
Code Enforcement Board
Meeting Minutes
June 21, 2012
Page 5
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the
respondent in violation and be given until September 20, 2012 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until found in
compliance. Vote on the motion carried unanimously.
3. Citation No. 0044 — Violation of Section 82-375, Construction Contracting Re-gulation
Tiolation, of the City of Cape Canaveral Code of Ordinancesm and Florida Statutes
Section 489.1320), Prohibited Acts bv Unlicensed Principals, (405 Adams Ave. Unit 5) —
James R. & Nancy Deen.
Code Enforcement Officer, Duree Alexander, provided an overview of the Citation history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without the required permit. Officer Alexander stated that Staff received a call that an air
conditioning unit was being installed without a permit. Officer Alexander issued a Citation for
work without a permit. Officer Alexander received a request from the property owner for an
Administrative Hearing to appeal the issuance of the Citation.
Mr. James Deen, Property Owner, testified that his elderly mother-in-law was without air
conditioning when the old system quit working and he was not aware that a permit was required
to install a new a/c unit. Mr. Deen stated that he has hired a contractor and obtained a permit.
He explained that he will call for the final inspection when the work is completed.
Officer Alexander respectfully requested that the Board find the Respondent in 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, and impose a fine in the amount of five hundred dollars ($500.00).
Motion by Mr. Viens, seconded by Mr. Lotspeich, to accept Staff's recommendation and find the
respondent in violation 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 6:45 P.M.
Approved on this -day of 2012.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
cnv or
C A"VEML
NOTICE OF HEARING
CITY OF CAPE CANAVERAL CASE No. 2011-00077
A Florida Municipal Corporation, DATE: 7/19/12
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 July 19,
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 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 ED this 9th da f July 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.myflorida.com/cape e-mail: d.alexander(i�cityofcapecanaveral.org
City of Cape Canaveral
Building Department/Code Enforcement
& cmcw
CAM ca"VMML CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #11-00077
A Florida municipal corporation,
Complainant,
V.
JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
Owner of the Property located at:
6103 N. Atlantic Avenue
Cape Canaveral, FL 32920
LEGAL: BANANA RIVER ESTATES PART OF L)OTS 22 & 23 AS DES IN ORB 541 PF 912 PLAT BOOK 0010 PAGE 0001
Respondent,
ORDER IMP04ING 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.
Findinas 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 34-97(b)(3), Duties and Responsibilities for
Maintenance, 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 not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the
City Code;
75 10 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www.cItyofcqpecanaveral.or e-mail: infokcityofc4pecanaveral.org
Case #11-00077
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 one hundred dollars ($100-00) for the first day and seventy-five dollars ($75.00) 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 inlDosed 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.
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 17th day of May, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Copies furnished to: Mary Russe� Chairperson lq�
JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
City of Cape Canaveral, Case File
CWT or
CAPE CAKAVKPAL
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2012-00020
A Florida Municipal Corporation, DATE: 7/06/12
Complainant,
V.
Respondent(s):
Richard Price Sr.
Location of the Violation:
226 Canaveral Beach Blvd., Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 19,
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 this 7th day of July 2012
rj', '4 / / A -VI
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.mvflorida.com/cave e-mail: d.alexander(-a),cityofcapecanaveral.org
City of Cape Canaveral
COMMUnity Development Department
CITY OF NOTICE OF VIOLATION
C�y OF CAPE CANAVERAL CASE NO. 2012-00020
A Florida Municipal Corporation, Date: 4/19/12
Complainant,
V.
Owners of the property located at:
226 Canaveral Beach Blvd., Cape Canaveral, FL 32920
Respondent(s):
Richard Price Sr.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s)
described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violations(s) has/ have
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
226 Canaveral Beach Blvd., Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Richard Price, Sr.
205 Palmetto Avenue #402
Merritt Island, FL 32953
-5 10 N. Atlantic Avenue Post Office Box 326 - Cape Canaveral, FL 32920-0326
BUildinc, & Coile F.nforcenicnu (321) 868-1222 Planning LQ%, Development (321) 868-1206 - Fxx & Inspection: (321) 868-1247
0
%\-w\v.citvollc.tl)ccanax-cral.org - cmail: ccapecanaveraWcfl.mcom
Page 2
2012-00020
Your property was posted with a stop work order on 4/12/12, for interior renovations that have
been done without a permit.
3. Description of Violation(s) at property: 82-3 1, Florida Building Code Adopted;
The Florida Building Code 2007 edition, as may be amended from time to time, as published by
the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code
and is hereby adopted by reference and incorporate herein as if fully set out.
FLBC Section 105. 1, Permits Required; 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 I 10. 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.
City of Cape Canaveral Code of Ordinances:
Section 82-10, Stop Work Orders; Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice
shall be in writing and shall be given to the owner of the property, or to his agent, or to -the
person doing the work, and shall state the conditions under which work may be resumed. Where
an emergency exists, the building official shall not be required to give a written notice prior to
stopping the work.
Page 3
2012-00020
4. Recommendation(s) to correct the violation(s) described above:
• Stop all interior renovations until a permit has been obtained.
• Obtain a permit and the required final inspection(s).
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.
/71
Duree Alex er'
Code Enforcement Officer
NOTICE OF HEARING
EoriIITY OF CAPE CANAVERAL CASE No. 2012-00029
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Municipal Corporation, DATE: 7/06/12
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Respondent(s):
Gary J. Patrick
Location of the Violation:
514 Jackson Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 19,
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.
TD this 7th day of July, 2012
WrWeMex-ande'r
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.alexander(iDcitvofcapecanaveral.org
C"T or
CAPT CAKAVat.,.
CODEENFORCEMENT
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2012-00029
A Florida Municipal Corporation, Date: 5/30/12
Complainant,
V.
Owner(s) of the property located at:
514 Jackson Avenue, Cape Canaveral, FL 32920
Respondent(s):
Gary J. Patrick, 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 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 five (5) 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 U%4MEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exist(s):
514 Jackson Avenue, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Gary J. Patrick
182 St. Croix
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.mvtlorida.com/caDe e-mail:d.alexander(&,citvofcaDecanaveral.org
Page 2
2012-00029
You were cited in 2011, for a lighting violation(s), and were provided turtle friendly wall mount
fixtures and amber lights to correct the violation. You also signed an agreement that the fixtures
would be installed at your expense and used. A site inspection revealed the fixtures were not
installed.
Your property has been identified on a turtle lighting inspection as having exterior lighting
violations "again", to include exterior porch lights and unshielded HPS wall mounted fixture,
which can be seen from the beach.
These lights are in violation of the City of Cape Canaveral Code of Ordinances and may cause
hatchling disorientation. Sea Turtle are endangered and regulated by Florida Statute as a
pEotected sMcies.
3. Description of Violation(s) at property: Sec. 14-56. Existing development.
Sec. 14-55. New development.
(a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional
boundaries of this article to reduce artificial light on the beaches. To meet this intent, building
and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for
development of real property within the jurisdictional boundaries shall be in compliance with the
following:
(1) Except as set forth in subsection (a) (2) of this section, no more than 0.5 foot-candles of
artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial
illumination include but are not limited to fitting lights with hoods or shields, screening artificial
light with vegetation or other devices, directing light away from beach area, utilizing low -profile
lighting and lowering the light intensity of the lamps.
(2) No more than two foot-candles of artificial illumination shall be cast upon the beach when
the spectral distribution of the light bandwidths is between 560 and 620 nanometers.
Commercially available lighting that satisfies the spectral criteria includes low-pressure sodium
lamps.
(3) No larnp shall be directly visible from the beach. The use of opaque materials for screening
and hooding the lamps are techniques which may be used to limit visibility from the beach.
(4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation
of this article shall be screened to eliminate excess light on the beach.
Sec. 14-56. Existing development.
It is the policy of the city to minimize artificial light illuminating within the jurisdictional
boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of
all structures which illuminate the beach shall be in compliance with the following:
(1) Artificial lighting shall conform to section 14-55(a); or
(2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction
or reflection illuminates the beach above the levels established in section 14-55, shall be turned
off from 9:00 p.m. until 7:00 a.m. every day during the period of May I to October 31 of each
year. Automatic timers may be used to provide consistent compliance.
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
Page 3
2012-00029
4. Recommendation(s) to correct the violation(s) described above:
Provide shielding or replace existing fixture with a low intensity amber LED or other
FWC approved lamps and fixtures.
Additionally compliance may be accomplished by turning off exterior lights and the use of
opaque materials for screening of interior lights that are visible on the beach, between the hours
of 9:00 p.m. and 7:00 a.m. every day during the period of May I to October 3 1 " of every year.
Automatic timers may be used to provide consistent compliance.
Failure to comply within five (5) 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 regardingthis 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.
A;
Duree Alexander
Code Enforcement Officer
C: State of Florida Wildlife Commission
Brevard County Natural Resources
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
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I think that we have been a well maintained and managed property over the years under our ownership. If any of you
board members may recall, I cleaned out drug dealing and prostitution dealing tenants in a ramshackle building at this
location to fully renovate it into this corporate styled facility as it is now; containing a collection of good service
businesses. The Publix Center next door (over the line into Cocoa Beach) is essentially empty, so you see what "hands
on management" as we employ can produce.
I ask for your kind consideration in granting latitude with this matter in providing extended time to cure.
KEITH 13ENNETT
RETAIL SITE DEVELOPMENT, LLC
POS 1300, Viera FL 32941-1300
(321) 480-3400
"Retail Real Estiate Development and Marketing"
Member - ICSC international council of Shopping centers
CONFI ENTIAUTY AND PRIVIL GE NOTICE
This e-mail and any files transmitted with it are the property of Retail SRO Development LLQ are confidential and are intended solely for the use of the individual or
entity to whom this email is addressed. If you are NOT one of the named reciplent(s) or the person responsible for delivering the e-mail to the intended recipient,
be advised that you have received this e-mail in error and that you should notify the sender. Any other use, retention, dissemination, forwarding, printing, or
copying of this e-mail is strictly prohibited.
AThink Green! Please consider our environment before printing this e-mail.
From: Duree Alexander [mailto:D.Alexander@cityofcapecana'veral.org]
Sent: Monday, July 09, 2012 11:25 AM
TO: Keith Bennett (kelth.bennett@retailsite.net)
Subject: OTA Case No. 2011-00077 6103 N Atlantic Avenue
Keith,
As requested attached please find your Order to Appear for the July meeting. I will be mailing the notice via certified
today to the P.O. Box 411300, Melbourne, Fl. 32941-1300. Let me know if You would like it sent any other place.
Please respond upon acceptance of this email.
Duree Alexander, Code Enforcement Officer
City of Cape Canaveral
Code Enforcement Department
75 10 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321)868-1222xl5 (321)868-1247(fax)
d.alexander@cilyofcgpecanaveral.orp,
Www-ci1yofcapecanaveral.org
Florida has a very broad ' puboc record., !a, As a result any Written communication created or rcceived by the CqY of Cape Ca"laveral officials and employees wil
be made available to the public and!or media upon request. unless othemise exempt. Under Florida La�v, ernail addresses are public records. If you do lot want
your emad address released in response to a public -records. request do not send electicrn!c ernaii to triis entq, Instead cOntact our office ls� phone or III
Duree Alexander
From: Keith Bennett <keith.benneft@retailsite.net>
Sent: Monday, July 09,2012 1:54 PM
To: Duree Alexander
Subject: RE: OTA Case No. 2011-00077 6103 N Atlantic Ave
Hi Duree. I am in Michigan working on my building. Email with notice hereby received, thank you.
Although my travel schedule for July is not totally set up yet with regard to the appearance date, I thought I would
outline my circumstances for you and your board. I am r muesting that VOU Dlease forward th�is �emall_to all your code
board members. Some of this may be redundant as you and I have spoken on the topic several times in your efforts for
compliance on this matter.
I had a good relationship with Waste Management, the former trash company for Cape Canaveral. Whenever a car was
blocking the clumpster or there was construction trash in the container or any such matter, I would receive a phone call
from their dispatch. Wherever I might have happened to have been, I solved the problem promptly.
When Cape Canaveral changed relationships from Waste Management to Waste Pro last year, Waste Pro thought it
prudent to call the City on one of their first visits to my Coral Shoppes shopping center to complain about the
overhanging tree branches from the Praetorius owned property to the rear of the Center. I am the customer; they
should have called me. If they had, I would have explained the long standing issues with Mr. Praetorius about his not
maintaining the tree overhang which had affected clumpster pickup in the past and would have taken steps again to
cure. In an effort to avoid the cantankerous and unreasonable Mr. Praetorius, I had paid to have the rigorous Brazilian
Pepper trees cut back twice a year. The economy and my significant vacancies in the Center limited me to continue this
generous practice and now Waste Pro was lodging a complaint with the City. It was right to finally bring Mr. Praetorius
to bear, but I am the customer and through this I somehow became the offender.
I became included in the code violation write up for a 10'x 30' cracked driveway. I had saved this property from
foreclosure, filled all the vacant space with new tenants, borrowed additional money from my Lender to paint the
building in a new color scheme, restripe and reseal the parking lot, and install new lighting; but yet was cited for this
code violation which I deem to be a nominal significance in the big scheme of things. No danger to life or limb here. I
understand the code as being the law, and I do not fault Ms. Alexander for doing her job. However, in spite of having
one of the best looking multi -tenant facilities along the Cape Canaveral AlA corridor, I am now faced with a financial
dilemma by virtue of this code violation.
The cost to do this repair properly is approximately $6000(!). Normally, a Center like this would provide for an extra
portion of the CAM rent (Common Area Maintenance) to be collected monthly and accrued in a "reserve" for major
repairs such as this. However, in an effort to re -rent the stores, I had to cut the base rent plus the CAM portion of the
triple net rent (RE Taxes, Insurance and CAM) to as little as possible in order to land the tenants and re-initiate the cash
flow in an effort to negotiate with my Lender and stave off their foreclosure proceedings. I now receive only about 2/3
of the base rent I used to receive before the economic downturn for these stores, including a significant reduction in the
CAM budget. I had completely renovated the building in 2003/2004 so I was willing to roll the dice a bit on the new(ish)
construction and cut out collecting for the "reserve".
In short, I do not have the finances currently to perform this repair at this time. I just recently attained full cash flow
from the stores as the last free rent period expired with my last 2 lease deals I wrote. I have old debts to address and an
aggressive make up schedule with my Lender. I have to begin to accrue a savings amount towards it monthly and it will
take a bit of time.
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